Service desk

Society Redevelopment, DA & PAAA Desk

Society redevelopment is a long project that begins with a short decision. Once members vote, the society is bound into a development agreement, individual alternate accommodation agreements and, often, a power of attorney. NXS48 - The RERA Specialists helps societies and members read, question and improve those documents before they are signed, with a team of 200+ professionals across employees and associates across law, accounts, engineering and architecture.

Last reviewed 2026-10-24Owner-approved for publication; no independent professional legal review claimed

Overview

  • Housing societies
  • Landowners
  • Developers

We do not run the project and do not choose the developer. We explain what a clause means, what is missing, how bids compare and how the project sits within the RERA Act, 2016 where free-sale units are sold. The desk also covers conveyance, because many societies cannot redevelop or transfer cleanly without a completed conveyance in their favour.

Which disciplines are involved

Advocates draft and review the agreements and conveyance applications. Chartered Accountants test bid economics, corpus, rent and security terms. Engineers and architects check area statements, FSI assumptions, plans and the approvals the developer relies on.

The scope and responsible professional are identified in the engagement. Professional certificates are signed in the relevant professional or firm's own name. NXS48 is not an examination or certifying body.

What should a society know before seeking offers?

A society should understand its title, conveyance, membership and existing-area position before asking developers to price a proposal. Otherwise bids may use incompatible assumptions and the selected benefit may disappear when the documents are examined. Establish the applicable society and planning framework without assuming a universal procedure or voting threshold for every type of organisation.

Prepare a common information pack: registration, bye-laws, member schedule, purchase agreements, approved plans, land records, conveyance documents and known disputes. An architect or project-management consultant can help explain the existing technical position; the advocate assesses rights and authority; the CA examines financial assumptions. The committee coordinates these inputs, but an adviser should not replace the members’ decision-making role.

Make the offer comparison transparent. Identify what each bidder promises unconditionally, what depends on additional FSI or TDR and what is merely indicative. Security quality, rent continuity, approval dependencies and the default mechanism may matter as much as additional area. A score sheet should explain its assumptions and information gaps rather than present a developer selection as a prediction of future performance.

How do society and individual documents fit together?

The DA, individual PAAAs, powers of attorney and supplemental documents should express a consistent bargain. Read the schedules and authority clauses as carefully as the main commercial terms. A broad power to mortgage or vary can undermine a restriction elsewhere. A PAAA should identify the member’s actual entitlement rather than simply refer to a future allocation controlled by another party.

Create a document map showing land rights, member benefits, rent, security, sale authority, finance and approvals. Mark which document governs each obligation and how a variation is approved. This makes it easier to identify a missing relationship requiring a tripartite instrument or a changed term requiring a supplement. Additional paperwork should solve a defined problem, not produce another inconsistent version of the same promise.

Where the project includes a sale component, assess Section 3 registration rather than assume redevelopment is exempt. Section 3(2)(c) concerns the specified redevelopment without marketing, advertising, sale or new allotment. Planning approval, society approval and RERA consent can be separate requirements. The review should state which applies and who obtains it, without suggesting that one general-body resolution answers every statutory question.

What should be monitored after execution?

Signing is the start of performance monitoring. Track approvals, vacation conditions, demolition, construction milestones, rent, security renewal, occupancy permission and handover. Each tracker should identify the contractual event, evidence and escalation point. An expiring security instrument needs attention before it lapses, not only after the developer misses another obligation.

Retain the complete executed documents and meeting record, including the version members approved. If the developer proposes a material change, compare it with individual and society rights before presenting it as administrative. A member dispute, finance change or title problem may need a separate workstream. Documenting those issues early helps the society understand its options without promising a dispute-free project.

Conveyance should be treated as a specific title process with a defined property schedule and completion evidence. Filing an application or receiving an intermediate order is not necessarily completion of the registered transfer. The services below address the legal, financial and technical tasks at different stages. The actual regulated professionals remain to be identified in the engagement, and no project completion, approval or litigation result is promised.

Editorial update 2026-10-24. Draft pending professional legal review; no named reviewer has approved this text.

Services in this desk

6 services

Development Agreement (DA) Drafting & Review

Drafting or review support for development-agreement terms within an agreed engagement scope.

The development agreement should carry the actual bargain approved by the society, not a standard set of clauses disconnected from the bid. Prepare a comparison between the selected offer, general-body resolutions and the proposed agreement. Differences in additional carpet area, corpus, transit rent, parking, amenities or delivery conditions should be visible before execution. An oral assurance from a representative should not be treated as a substitute for a written obligation.

Delivered by: Advocate, Chartered Accountant

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Permanent Alternate Accommodation Agreement (PAAA)

Review support for individual alternate-accommodation agreement terms, subject to documents and specific instructions.

The PAAA should identify the existing premises and the replacement premises in a way that can be checked against the society records and plans. Record the old and new carpet areas, floor, wing, unit identification and any agreed selection mechanism. If final numbering depends on sanction, the agreement needs a method for confirming the unit without leaving the member’s entitlement to a later unilateral decision.

Delivered by: Advocate

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Tripartite & Supplemental Agreement Drafting

Drafting and review support for related tripartite or supplemental agreement documents.

A tripartite agreement brings a third participant into obligations that cannot safely be left between two parties. That participant may be a society, member, landowner, developer or lender, depending on the transaction. A supplemental agreement records a change to an existing bargain. The review starts by identifying the missing relationship or changed obligation rather than choosing a document title first.

Delivered by: Advocate

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Power of Attorney (PoA) Scrutiny

Review of a proposed or executed power of attorney against the client's instructions and available transaction documents.

A power of attorney should give the authority needed to perform agreed tasks and no unexplained additional powers. Compare it with the DA or JDA and list each proposed power: making applications, signing plans, corresponding with authorities, executing sale documents, borrowing, creating security or delegating. Approval coordination is not the same as a power to dispose of land or compromise member rights.

Delivered by: Advocate

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Society Redevelopment Advisory

Advisory support around developer selection, tender review, coordination and member-decision documentation.

Begin with the society’s own records: membership, title, conveyance, sanctioned plans, existing areas and earlier resolutions. A tender based on uncertain land rights or an inaccurate member schedule makes bids difficult to compare. Identify the competent authority and applicable redevelopment framework before proposing a meeting or selection process. This draft does not prescribe a universal voting percentage or process for every society.

Delivered by: Advocate, Chartered Accountant, Engineer, Architect

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Deemed Conveyance & Society Conveyance Support

Document and process coordination for society conveyance matters, subject to review of the property's records.

Conveyance transfers the relevant title or interest to the society through the applicable instrument and process. Where the promoter has not completed its obligation, a society may need to consider the deemed-conveyance route under Section 11 of the Maharashtra Ownership Flats Act. Eligibility, the land and rights concerned, the competent authority’s process and the eventual instrument all require document-specific examination.

Delivered by: Advocate, Engineer, Architect

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When people come to this desk

  • A managing committee is preparing a tender or comparing bids
  • A draft development agreement is about to go before the general body
  • Members have received their PAAAs and want them checked
  • A developer has asked for a power of attorney
  • The society has no conveyance and plans to redevelop

What to have ready

  • Society registration certificate, bye-laws and member list
  • Existing sanctioned plans and area details
  • General-body notices and minutes
  • All bids and the draft agreements
  • Title and conveyance documents

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Frequently asked questions

Do you choose or recommend a developer?

No. We compare bids on legal, financial and technical grounds and present the comparison; the members decide.

What is the difference between DA and PAAA?

The development agreement is between the society and the developer. A PAAA is between an individual member and the developer for that member’s new flat.

Does redevelopment need RERA registration?

Where units are sold to buyers the project is generally covered by Section 3, subject to exemptions; check the facts.

Do you cover deemed conveyance?

Yes, as document and process support, listed among the services below.

Contact us for a tailored proposal

Tell us about the property, project or dispute. We scope the work first and prepare a proposal for it.