Bombay High Court ruling clarifies rights of occupants in possession in joint possession redevelopment disputes | File Photo
Mumbai, Dec 16: The Bombay High Court has held that in instances of redevelopment disputes involving joint house owners, the occupant in possession of a flat is entitled to all advantages arising out of the redevelopment settlement, together with possession of the brand new flat within the redeveloped venture.
Developer Moved HC Over Stalled Project
The HC was listening to an arbitration petition filed by developer Virgo Infraspace Pvt. Ltd., by means of advocates Shrey Faterpekar and Jay Vakil, towards Charkop Shreeji Krupa Co-operative Housing Society Ltd., a 13-member society positioned in Kandivali (West).
Joint Ownership, Single Occupant
The dispute involved Flat No. 6 on the third flooring of the society’s ground-plus-four-storey constructing, collectively owned by Sanjay M. Singh and Sandhya R. Singh.
Internal Disputes Cannot Stall Redevelopment
While each respondents are co-owners of the flat, Sanjay Singh has been in occupation and possession of the premises. He had opposed vacating the flat and handing over possession to facilitate redevelopment, citing an inter se dispute with the opposite co-owner. His refusal stalled the venture since September 2025.
The High Court, nevertheless, made it clear that such inside disputes can’t derail a redevelopment venture authorized by an awesome majority of society members.
Occupant Entitled To All Benefits
“Since Respondent No. 2 (Sanjay Singh) is in possession of Flat No. 6, the possession shall be handed over and Respondent No. 2 shall be entitled to all the advantages flowing from the Development Agreement,” the courtroom famous whereas disposing of the petition based mostly on consent phrases filed by the events.
PAAA To Be Signed By All Co-Owners
At the identical time, the courtroom clarified that the place a flat is collectively owned, the Permanent Alternate Accommodation Agreement (PAAA) have to be signed by all co-owners. The execution of the PAAA, nevertheless, can be “topic to the result of the authorized proceedings between the joint house owners,” Justice Bharati Dangre held on December 11.
Vacant Possession Deadline Fixed
The courtroom directed Sanjay Singh at hand over vacant and peaceable possession of the flat to the developer on or earlier than January 15, 2026. It additionally recorded that the corpus quantity payable beneath the redevelopment settlement has been deposited with the society and can stay topic to the result of the civil swimsuit between the co-owners.
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Redevelopment Backed By Majority Members
The society had appointed Virgo Infraspace because the developer in a Special General Body Meeting held on November 10, 2024, within the presence of a Deputy Registrar. Nine out of the 13 members voted in favour of the redevelopment. Subsequently, 12 of the 13 members executed and registered their PAAAs in November 2025, with solely the disputed flat remaining.
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