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Redevelopment Handover in Maharashtra: Common Challenges When the Developer Hands the New Building Back to the Society

4 October 2026 9 min readPuranik & Associates

When a society redevelops, handover happens twice over: members get their new flats, and the managing committee must take over a brand new building, its services and a society that now includes purchasers of the developer’s sale flats. This stage is where many redevelopment promises are tested. Below are the common problems and how to handle each. For the earlier stages, see our guides on the redevelopment process and challenging redevelopment.

Challenges that surface at possession

ChallengeWhat it looks likeWhat to do
Delayed or staggered possessionMembers wait beyond the agreed date; rent or transit support lapsesTrack the agreement timeline; send written notice; check the compensation clause for delay
Part occupancy certificatePossession offered on a part OC while other floors or amenities are incompleteKnow what the part OC covers; record incomplete works and a completion schedule in writing
Carpet area and specification gapsFlat differs from the agreed carpet area or finishingMeasure and compare against the agreement before accepting possession
Rent and corpus defaultsDeveloper stops paying transit rent or the agreed corpus to the societyEnforce the agreement and any bank guarantee or security; seek legal advice early
Unsold flats and new membersDeveloper holds or sells flats and the society inherits new members with different interestsEnsure unsold flats pay maintenance and the developer applies for membership transfers properly

Accepting possession through a signed “satisfaction” letter can limit later claims. Sign only after you have recorded defects and pending works.

Handing over the building, not just the flats

Beyond individual flats, the committee should receive the building as a whole. A prudent checklist covers: OC and any part-OC conditions, approved and as-built plans, fire NOC, lift licences and warranties, STP, DG and pump manuals, parking allotment records, and the sale and member lists. Under RERA, the promoter remains responsible for structural defects reported within five years of possession, so the society should keep a dated defect register from day one.

  • Corpus and sinking funds. Confirm what the developer agreed to transfer and when. A new building with no maintenance fund is a common source of friction; see the 2026 MCS rules on fund requirements.
  • Society records and membership. Old members, new purchasers and any changes in flat numbering must be reflected in the register and share certificates.
  • Conveyance. Check what the redevelopment agreement and law require and, if the developer stalls, take advice on the remedies available.

Before you accept: a short handover roadmap

  1. Appoint a project monitor or architect for pre-possession inspection of each flat and common areas.
  2. Hold a general body to approve the handover checklist and who may sign.
  3. Reconcile the corpus, rent and any penalty dues against the agreement.
  4. Take possession under a written snag list with a completion deadline.
  5. Open the new society accounts and set the maintenance budget for the new building.
  6. Update membership records for old and new members.

Member rights and practical tips

  • Keep the redevelopment agreement and every addendum accessible to all members.
  • Do not let one or two office bearers accept possession alone; use a general body resolution.
  • Record defects and incomplete works in writing before signing any acknowledgement.
  • Insist that unsold and developer-held flats pay maintenance from the date of possession.
  • Take legal advice before waiving any developer obligation.

Redevelopment nearing handover?

We help committees verify possession, records, funds and compliance before they sign.

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