In old Mumbai, the landlord is not always a single person or family. Many buildings stand on land owned by a temple trust, a charitable or community trust, a wakf, or the government, with the land given on lease decades ago. Tenants and even landlords are often unaware of this until redevelopment begins and a developer’s lawyer asks for title papers. The good news is that these properties can be redeveloped. The process simply has an extra layer.
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1. Public trust property
Many buildings in Girgaon, Bhuleshwar, Kalbadevi and nearby areas belong to temple, community or charitable trusts registered under the Maharashtra Public Trusts Act, 1950.
- Selling, exchanging, mortgaging or giving a long lease of a trust’s immovable property needs the prior sanction of the Charity Commissioner. A development agreement usually falls in this category.
- The Charity Commissioner checks that the deal is in the trust’s interest, often expecting a transparent process such as public tender or competitive offers.
- The trustees must pass a proper resolution, and the trust’s scheme or deed may set further conditions.
A deal signed without this sanction can be void, so a serious developer will insist on it.
2. Wakf property
Property dedicated as wakf is governed by the Waqf Act and supervised by the Maharashtra State Board of Waqfs. Sale or transfer of wakf property is heavily restricted, and leases and development arrangements need the Board’s approval under its rules. The law in this area has changed recently, so take advice from an advocate who regularly handles wakf matters before any talks with developers.
3. Collector (government) leasehold land
- The land belongs to the state, and the building owner or society holds it on lease.
- Redevelopment usually needs the Collector’s NOC, and may involve paying a premium or unearned income, especially if the use changes or the extra area is sold.
- Check whether the lease is still valid, how many years remain, and whether it can be renewed or converted.
4. BMC or MHADA leasehold land
- Many old buildings sit on land leased by BMC or MHADA. Each has its own lease renewal and redevelopment policy.
- Expect an NOC from the landowning authority, and possibly a premium or a share of the extra built area going to it.
- Expired leases must usually be renewed or regularised first.
What tenants should know
Tenants’ rights under the Rent Control Act and DCPR 33(7) generally apply whoever owns the land. A trust or wakf landlord cannot ignore eligible tenants. But the extra approvals mean more time, so tenants should support the landlord in getting them, not block the process.
How to plan
- Get a title search done first. Find out exactly who owns the land and on what terms.
- Collect the trust deed, lease deed, or wakf registration, and any past permissions.
- Build the extra approvals, time and costs into the feasibility report.
- Run a transparent developer selection. It makes the Charity Commissioner’s or Board’s approval far easier.
Is your building on trust or leased land? Mungekar Realty helps trusts, landlords and tenants across Mumbai plan redevelopment with the right approvals from the start. Call 98207 44734 or visit mungekarrealty.com.
This article is general information and not legal advice. Rules for trust, wakf and government land are specialised and change from time to time; consult an advocate experienced in that type of property.