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Hi,
I am a resident of a co-operative society in Mumbai suburbs that is located on a leased plot from a private land owner. The building is approx 10000 sq ft builtup and the land area leased for 999 years to the buillding is 3500 sq ft (land upto only outer frame of the building). No copnveyance is done in society's favour. Total land area is approx 25000 sq ft. The question is will the society get the TDR rights over the leased land portion of 3500 sq. ft. (in addition to FSI that the building has presently utilised keeping in mind the larger plot of 25000 sq. ft.) for the purpose of redevelopment of building? The Land lord says we do not have any rights since the plot of land available to is far short to even cover our initial FSI the buildings have utilised and we do not have any right over additional TDR.
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Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Hi,
I am a resident of a co-operative society in Mumbai suburbs that is located on a leased plot from a private land owner. The building is approx 10000 sq ft builtup and the land area leased for 999 years to the buillding is 3500 sq ft (land upto only outer frame of the building). No copnveyance is done in society's favour. Total land area is approx 25000 sq ft. The question is will the society get the TDR rights over the leased land portion of 3500 sq. ft. (in addition to FSI that the building has presently utilised keeping in mind the larger plot of 25000 sq. ft.) for the purpose of redevelopment of building? The Land lord says we do not have any rights since the plot of land available to is far short to even cover our initial FSI the buildings have utilised and we do not have any right over additional TDR.
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what, the property leased for 999 years!!???

I understand you are talking about the Transferable
development rights, but
Please be clear on the issue.......

TDR, is calculated upon certain parameters : plot area, Permissible floor area, Buildable Floor Area, Area surrendered,
Additional floor area in the form of Development rights, Plot area after surrender, Buildable floor area in plot area (after surrender).........

It also depends upon the areas of the city, or divided in to Zones....

And many more observations are necessary......

And in Mumbai !!, TDR is very complicated..... cases are always pending in the courts of law....

You may refer the TDR rules of your state/city for accurate details, (I do not have it with me now, may be available on the internet...)

so you will have to be clear on the issue and it requires certain material details about the property...

“Yath bhavathi tath nashyathi - whatever is created will be destroyed!! Creation is inevitably followed by destruction"
what, the property leased for 999 years!!???

I understand you are talking about the Transferable
development rights, but
Please be clear on the issue.......

TDR, is calculated upon certain parameters : plot area, Permissible floor area, Buildable Floor Area, Area surrendered,
Additional floor area in the form of Development rights, Plot area after surrender, Buildable floor area in plot area (after surrender).........

It also depends upon the areas of the city, or divided in to Zones....

And many more observations are necessary......

And in Mumbai !!, TDR is very complicated..... cases are always pending in the courts of law....

You may refer the TDR rules of your state/city for accurate details, (I do not have it with me now, may be available on the internet...)

so you will have to be clear on the issue and it requires certain material details about the property...

“Yath bhavathi tath nashyathi - whatever is created will be destroyed!! Creation is inevitably followed by destruction"
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