• De-sealing of a property

Hi 
I had my 3rd floor been sealed by Mcd in 2009 due to the balcony protruding more then the legal limit but now I want to sell this property.is there any way I can deseal the property or can I sell it with the seal on it PlZ help
Asked 2 years ago in Property Law from Australia
1. Municipality often seals/ demolishes illegal structures and the solution is to legalise it n payment of penal amount which i believe you did not do. So you can legalise it even now on payment of penalty if the Municipality so approves.
2. If you find it tough or time consuming then you can sell the property in as it is condition in which case the market price of the flat may be compromised.
Devajyoti Barman
Advocate, Kolkata
6923 Answers
78 Consultations
4.9 on 5.0
1. If the third floor has been sealed as being violative of the building bye laws then it can be regularized on the payment of penalty depending on the extent of deviation. 

2. There is no embargo on the sale of the property with the third floor sealed. The new purchaser will get  the property minus the third floor.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
1. You can do it yourself. 
2. Amount varies from Building Rules which is different in various Municipalities.
Devajyoti Barman
Advocate, Kolkata
6923 Answers
78 Consultations
4.9 on 5.0
Hi, penalty for deviation is varies from place to place and sum percentage of deviation is allowed subject to payment of the penalty.

2. For actual amount of penalty better you can contact to local advocate or enquire directly in the office.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0
1. The MCD has prescribed different penalty rates depending on the area where the property is situated and also the nature and extent of deviation. 

2. You can do it yourself without any legal help from a lawyer.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
1) if the sealing has been done because balcony protuded more than legal limit  you have to  alter the construction of the building as per the approved plan and if all the documents are in place, then   de-sealing of the property  would be done


2) Most properties can't be de sealed as the owners don't have necessary documents. Moreover, de-sealing is a lengthy process."

3) in the vent you sell the property without being desealed you wont get market rate of the property
Ajay Sethi
Advocate, Mumbai
27413 Answers
1490 Consultations
5.0 on 5.0
1)you have to visit the office of MCD and make enquires . 

2) you dont need a lawyer in this regard
Ajay Sethi
Advocate, Mumbai
27413 Answers
1490 Consultations
5.0 on 5.0
1. Since your house has been sealed by MCD for illegal construction, then you have the option to either demolish the said illegal portion of the construction or regularise the illegal construction by paying the penalty if the Corporation so allows,

2. Since there has been no stay in selling the said house, you are at liberty to sell the said house, if the buyer is willing to buy the said sealed property.
Krishna Kishore Ganguly
Advocate, Kolkata
13603 Answers
292 Consultations
5.0 on 5.0
1. It is not a fact that all deviations are allowed by receiving payments towards penalty,

2. Balcony illegally extended touching electric wire of outside lamp post will not be allowed even after collecting penalty,

3. Visit the MCD and enquire about the penalty since the amount varies from place to place and depends on the deviation.
Krishna Kishore Ganguly
Advocate, Kolkata
13603 Answers
292 Consultations
5.0 on 5.0
A. Generally, the deviation can be allowed by imposing penalty subject to depending upon how much deviation may be allowed under the local municipal law otherwise it is liable to take action for demolish, in such being, you have to be approach the court for stay.

B. If you want to know the quantum of penalty that you can visit the municipality or official website of the same because it is a variable component state to state or place to place municipality.
B.T. Ravi
Advocate, Bangalore
751 Answers
36 Consultations
5.0 on 5.0

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