The Brave Pedestrian

Mumbai, 5th Feb, 2018: Lately, a hotly debated topic is: Does Xander have a legally enforceable lien on the project/land of Serenity? Some Serenity flat-buyers are arguing that Bhagtani should have sought the consent of two-thirds of the flat-buyers of Serenity. They claim that RERA and MOFA required Bhagtani to seek the consent of the allottees, and since that never happened, Xander has no claim. To this, they add that they booked their flats first, and Serenity was mortgaged to Xander at a later date, in mid-2015. And from this, they conclude that they have a right and Xander has no right over the project land. Before we get analyze the merits of this argument, let us take a step back and understand some crucial facts about the judiciary: Civil courts are NOT forums for settling whether you have a certain right or not. You can't get very far if you go to a court and say, "This is my right, that is not his right!" Civil courts, including quasi-judicial bodies suc...

Mumbai, 31st January, 2018: In the light of Xander's recent move to take over Serenity project under SARFAESI Act ( Read Chief Metropolitan Magistrate's order dated 15th Jan 2018 ), it would be smart to first seek clarity from the horse's mouth on where it stands in the matter of the rights and entitlements of allottees. A corporate body like Xander is geared to give flats to the allottees by completing the project with another developer or turnkey contractor such as L&T. It is also necessary to be realistic that fund-raising, internal democracy and project management are massive challenges for a flat-owners' association. Remember that Serenity project is mortgaged to Xander, and not just the land . Bhagtani's declaration of encumbrances on RERA website also states this ( Read the declaration ). This is further confirmed by Xander's own public notice. Allottees are an inseparable part of the project vis-a-vis Xander and their future assignees. Unle...