The Govt.of Maharashtra formed a Committee under the Chairmanship of Shri Sukhtankar to overview the implementation of the MHADA scheme. On the submission of the Report of the Sukhtankar Committee, the Govt. in the year 1999 amended the Development Control Regulation 33(7). The brief highlights of the amended Development Control Regulation 33(7) are as follows:
In case of redevelopment of 'A' category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 2.5 of the gross plot area, or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher. Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation.
Self contained flats of minimum 225 sq.ft. and maximum 753 sq.ft. carpet area are given to the old residential tenants/occupants. Shopkeepers are given an area equivalent to their old area.
In case of 'B' category cessed buildings permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI.
a)Specific to your query the letter you have received is an allotment letter issued by the builder.
b) There will be a clause in the letter stating the duration in which you can not sell the property to a third party.It could be 3 years, 5 years or 10 years as the case may be.The property can not be alienated during this period.
c)In the normal circumstances you will need NOC from the society to sell.Now though society is not formed the Builder has no authority to issue NOC as he is only a facilitator and is bound to comply by the clause restricting the sale in the time clause mentioned.
d) It is advisable to wait till the formation of the society to sell.
e)To sell you will need the copy of the tripartite Agreement,7/12 extracts,occupation certificate,allotment letter,NOC from competent authority(since society is not formed and under circumstances,a special governmental sanction in lieu)