Reconstruction of an old apartment building.

Question

► I have an apatment in chennai, tamil nadu, india. it is 28 years old. in dilapidated condition. Need to rebuild anew. There are nine apartments. One of the apartment owner passed away. He has created a will. But his heirs dispute the will and the matter is pending in court with an official receiver entrusted by the court to manage the property. One of the heirs not willing to cooperate for the reconstruction. He is living abroad. Whether we can get directions from any appropriate court in Tamil Nadu, to complete the reconstruction of the entire building?

Answer 1

Dear Client,

The Tamil Nadu Apartment Ownership Act, 2022 specifies that in the case of a building that is in a state of disrepair, a redevelopment may be started if at least two-thirds of the apartment owners agree (Section 13). Such a situation pertains to the currently disputed apartment where the management is being handled by the official receiver appointed by the court, and therefore, the reluctant heir living abroad cannot stop the process. The required majority of apartment owners will have to make an application in the civil court, which is hearing the succession matter, seeking orders for the receiver to give permission for the reconstruction. If the court confirms that the manner of reconstruction will not have a negative impact on the value of the property, the same is granted. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Reconstruction of an old apartment building.

1 Answer