PAAA Checklist for Mumbai Housing Society Members Before Vacating

This is the practical companion to PAAA in Redevelopment: Meaning, Timing and Member Protection in Maharashtra. That guide explains what the agreement is. This article is the checklist a member can use before signing, registering and finally handing over possession.

The legal baseline before vacating

Maharashtra's 4 July 2019 redevelopment directions say that the society's Development Agreement and the individual member's Permanent Alternative Accommodation Agreement should be registered under the Registration Act, 1908. The same directions state that the redevelopment agreement should clearly mention the carpet area payable under the Real Estate (Regulation and Development) Act, 2016, and that members should vacate only after the legal approvals contemplated by the framework and registration of their individual PAAA.

There is an important legal nuance. In August 2026, the Bombay High Court described the 2019 Government Resolution as providing standard guidelines and reiterated earlier authority treating it as directory rather than a rigid invalidation code. So a real project must also be checked against its registered Development Agreement, the actual approvals obtained, applicable planning law and any court or authority orders.

One-page PAAA pre-vacating checklist

• Your PAAA is executed by the correct parties and the names match your title/share records.
• Your PAAA is registered and you hold evidence of registration.
• Your existing flat is correctly identified by building/wing, flat number and existing area/document references.
• Your permanent replacement flat entitlement is clear—not merely described as “as per plan” without a usable schedule.
• RERA carpet area is stated numerically and is consistent across the PAAA, member entitlement schedule and plans.
• Any additional purchased area, rate, taxes, payment schedule and consequences of non-payment are separated from the free rehab entitlement.
• Floor, wing and flat allocation are fixed or the allocation/lottery mechanism is written clearly.
• Parking entitlement is described accurately and consistently with applicable law and the project documents.
• Specifications and amenities promised to existing members are attached or clearly incorporated by reference.
• Transit rent is fixed with amount, start date, frequency, advance period, escalation and end date.
• Deposit, brokerage and shifting allowance, if agreed, are stated with payment timing.
• Payment evidence is in hand for amounts due before vacating.
• Completion/possession timing is defined and matches the Development Agreement.
• Delay consequences are clear—continued rent, interest, damages or other contractual remedies as applicable.
• Approved/sanctioned plan information is available and the member can reconcile the entitlement with it.
• Society-level security is verified, including the bank guarantee or other security promised under the DA/framework.
• Insurance and project responsibilities have been checked at society level where applicable.
• The vacating notice is written and identifies the date and conditions for handing over possession.
• A possession handover record is prepared with keys, meter readings and condition evidence where useful.
• You have retained copies of every signed schedule, annexure, plan and payment proof.

1. Verify the parties, names and authority to sign

A PAAA is member-specific. Before signing, check the identity of every party and the capacity in which each party signs.

• Member name should match the society's share/member records and relevant title documents.
• Where there are joint holders, deceased members, nominees, heirs or succession disputes, do not assume the signature block is routine.
• Developer entity name should match the Development Agreement and, where applicable, RERA registration records.
• The society's role—often as confirming party—should match the approved structure of the transaction.
• Authorised signatories should be traceable to the relevant resolutions/authorisations.

If the wrong developer entity signs, or a member signs despite an unresolved title/succession issue, later enforcement can become unnecessarily complicated.

2. Lock down the existing flat description

The agreement should identify what you are surrendering before it describes what you will receive. Verify the old building, wing, flat/shop number, existing area description and the documentary basis for your occupation or ownership.

Where the existing area differs between the share certificate, old agreement, municipal record, property-tax record or physical survey, the discrepancy should be resolved or expressly recorded before demolition removes the physical reference point.

3. Make the permanent replacement entitlement unmistakable

The core purpose of the PAAA is to convert the society-level redevelopment bargain into the individual member's enforceable entitlement. Avoid descriptions that require a future argument to understand what was promised.

4. Check the carpet-area definition—not just the number

The 2019 Maharashtra directions say the redevelopment agreement should clearly mention the carpet area payable under RERA. Under Section 2(k) of the central RERA Act, carpet area is the net usable floor area of the apartment excluding external walls, service shafts, exclusive balcony/verandah area and exclusive open terrace area, while including internal partition walls.

That definition matters because two documents can show the same headline number while measuring different things. Ask the PMC/architect to confirm the basis of measurement and ensure the PAAA, member entitlement schedule and approved plan use a consistent concept.

5. Attach or identify the plan that proves the entitlement

A clause saying “flat as per sanctioned plan” is much safer when the relevant plan, revision number and unit identification are actually traceable.

• Ask which sanctioned/revised plan is being relied upon.
• Check the wing/floor/flat mapping.
• Record what happens if the competent authority requires plan changes.
• Require that any member-impacting change be communicated and documented.

RERA also gives allottees rights to obtain information relating to sanctioned plans and specifications and to know the stage-wise completion schedule.

6. Transit rent: verify the payment mechanics before keys are handed over

Transit rent is not protected merely because the monthly amount appears somewhere in the documents. The payment mechanism matters just as much.

The PAAA should match the Development Agreement on these points. Where the DA gives members a stronger benefit, the individual agreement should not quietly dilute it.

7. Define what counts as possession of the new flat

“Possession” should not mean merely that the developer says construction is substantially complete. Check the contractual conditions for lawful handover.

• Occupation Certificate or other legally required occupancy approval;
• member flat ready with agreed specifications;
• essential services functioning;
• keys and physical access available;
• defect/snags process documented;
• required plans, certificates and handover documents available;
• society/common-area handover obligations separately tracked.

The 2019 Maharashtra directions specifically refer to allocation after the Occupation Certificate is received. The central RERA Act also places responsibility on the promoter to obtain and make the completion/occupancy certificate available where applicable under local law.

8. Read the delay clause together with the rent clause

Members often focus on a promised completion month but overlook what happens if that date passes. Before vacating, answer four questions:

• What is the contractual completion/possession date?
• Which events permit an extension?
• Who decides whether an extension event actually occurred?
• What financial protection continues during the delay?

Do not assume a RERA registration extension automatically rewrites the Development Agreement or PAAA. Regulatory extension and contractual consequences are separate questions.

9. Confirm the society has the agreed project security

The individual PAAA is only one protection layer. Members should also ask the society to confirm the security package under the Development Agreement.

The 2019 Maharashtra directions include a guideline for a bank guarantee equal to 20% of the redevelopment project's total cost. Because the Bombay High Court has treated the 2019 GR as standard/directory guidance, the actual enforceable security should be checked against the registered DA and the guarantee itself.

A useful bank-guarantee check includes:

• issuing bank and beneficiary;
• guaranteed amount;
• validity and renewal mechanism;
• conditions for invocation;
• reduction/release schedule;
• original document custody;
• what happens if it is not renewed on time.

10. Ask for an approval-status sheet, not verbal reassurance

Before vacating, members should receive a project-specific statement of material approvals and conditions. The exact sequence differs by project and planning route, so do not substitute a generic internet checklist for the architect/PMC's signed status.

For each approval, record the authority, document/reference number, date, building/phase covered, conditions, validity and next dependency. In Mumbai, terms such as IOD and Commencement Certificate refer to distinct municipal stages; read What Is IOD in Redevelopment? for that distinction.

11. Do not vacate against promises of payments “next week”

If the DA/PAAA makes specified amounts payable before vacating, verify receipt before possession is handed over. Typical project-specific benefits can include:

• advance transit rent;
• refundable rental deposit;
• brokerage;
• shifting allowance;
• corpus/hardship compensation or an agreed instalment;
• other member-specific consideration.

Keep bank-credit proof, cheque copies and receipts. If a payment is conditional or deferred, that should be visible in the agreement rather than left to oral understanding.

12. Create a formal old-flat possession handover record

When keys are finally handed over, create a short signed record identifying:

• member name and old flat number;
• date and time of handover;
• keys handed over;
• electricity/water meter readings where useful;
• photographs/video of the premises if appropriate;
• any fixtures/items being removed or left;
• developer/society representative receiving possession;
• date from which transit compensation is acknowledged to run;
• reference to the registered PAAA.

This avoids later disputes over the actual date of vacating—a date that can affect rent, demolition scheduling and other obligations.

13. The member's document pack before vacating

Keep one digital and one offline copy of the core record. At minimum, your pack should contain:

• executed registered PAAA;
• registration receipt/index/evidence of registration;
• all PAAA schedules and annexures;
• member entitlement sheet;
• relevant approved/sanctioned plan or unit plan;
• relevant DA clauses or access to the registered DA;
• transit-rent/deposit/brokerage/shifting payment evidence;
• written vacating notice;
• possession handover acknowledgment;
• society circular/minutes approving relevant terms;
• developer and society contact/escalation details;
• RERA registration link/number where the project is registered;
• latest PMC/architect approval-status and progress record available to members.

A PAAA sample checklist is not a PAAA template

A sample agreement from another redevelopment can be useful for spotting topics, but copying it clause-for-clause is risky. Every society has a different title, Development Agreement, planning route, member entitlement structure, commercial package, approval status and dispute history.

Red flags before vacating

• The developer asks you to vacate before your PAAA is registered, without a clear legal/project basis.
• The PAAA states a larger “built-up” area but does not state RERA carpet area.
• Your free rehab entitlement and paid extra area are mixed together.
• The PAAA conflicts with the registered Development Agreement.
• Transit rent has no escalation or no defined start/end point despite the society's negotiated terms.
• The new flat is described only as “equivalent premises” without a schedule or allocation rule.
• Material specifications are in a brochure but not incorporated into the contract.
• Security/bank guarantee exists only as a verbal assurance.
• You are asked to sign blank schedules, undated pages or uninitialled corrections.
• You receive no complete registered copy after execution.
• The society cannot produce a current written approval-status sheet.
• Someone says “RERA registration means every approval is complete.” It does not.

The final 48-hour check before handing over keys

Frequently asked questions

Should I sign the PAAA before I vacate?

The Maharashtra 2019 redevelopment directions state that the individual PAAA should be registered before the member vacates, alongside the framework's approval conditions. Because project documents and legal circumstances differ, confirm the actual pre-vacating conditions with the society's independent lawyer/PMC.

Should the PAAA show RERA carpet area?

Yes. The 2019 directions call for clear mention of the carpet area payable under RERA. Check the numerical area and the measurement basis.

Can the PAAA reduce benefits already promised in the Development Agreement?

That should be treated as a major review issue. The individual PAAA should be reconciled against the society's registered DA and approved member entitlement terms before signing.

Should transit rent be paid before vacating?

Follow the actual DA/PAAA payment schedule. Where amounts are contractually due before handover, verify receipt before giving possession rather than relying on a future promise.

What if the member and developer disagree about the PAAA wording?

Do not sign an unclear clause merely to meet a vacating date. Record the disputed wording, obtain legal advice and use the society/PMC process to reconcile the PAAA with the DA and approved entitlement.

Is this article a legal PAAA sample?

No. It is a clause-and-document checklist. A project-specific PAAA should be drafted and reviewed against the society's actual Development Agreement, approvals, member records and applicable law.

Authoritative sources and further reading

1. Government of Maharashtra — 4 July 2019 redevelopment directions under Section 79A.
2. India Code — Real Estate (Regulation and Development) Act, 2016.
3. Dudhsagar Co-operative Housing Society Ltd. v. Mukund Vaman Patankar & Others, Bombay High Court, 24 August 2026.
4. Lalit Jairam Jethwa v. State of Maharashtra, Bombay High Court, 7 July 2025.
5. V Vanguard v. Om Sri Co-operative Housing Society Ltd., Bombay High Court, 24 July 2026.
6. Rudh Systems — PAAA in Redevelopment: Meaning, Timing and Member Protection in Maharashtra.
7. Rudh Systems — Society Redevelopment Process in Mumbai.