• Without IOD / CC can developer register flat

Sir, in our redevelopment project developer has permission from MCGM up to 6th floor i.e IOD/CC up to 6 floor along with plan but he has register few flat in 14th floor also. & same document also registered in sub-register office mumbai. so is this illegal or it is criminal forgery on paper under section 467 & 468 ?
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

The Maharashtra Ownership of Flats Act says no flat can be sold unless building plans are submitted to the civic body and are approved. "

2) Without the municipal intimation of disapproval (IOD) and commencement certificate, a builder cannot advertise a project,"

3) sale of flats would be illegal

Ajay Sethi
Advocate, Mumbai
94796 Answers
7551 Consultations

5.0 on 5.0

Dear Sir,

It is not forgery it attracts only offences of illegality which can be hesitated either before competent plan sanctioning authority or High Court. When no permission was accorded in respect of 14th floor flats, any registration attracts illegality and even the registration authority liable to answer the same. Get an order from High Court to initiate disciplinary action against concerned Sub-Registrar and necessary penalty or demolition order in respect of 14th floor flats against builder.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Client,

Above act is not offense under Indian Penal Code.

But illegal construction without permission.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

Hello,

The said registrations are null and void.

If he is not intimating the customers about the fact that there is no IOD/ CC for the 14th floor then definetly those people can go ahead and file a complaint against the builder.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

There is no permission for 14th floor as such anything above 6th floor registered will be illegal and may be demolished by corporation. And in case it is registered you people can file a case of cheating against builder. It will come under cheating and not forgery. Also action can be initiated against concerned subregistrar for dereliction of duty.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1) If permission is not granted by MCGM for 14th floor plan and that means it fraud transactions, its illegal.

2) so better to ask your society development team to check on this and take all members meeting for future plan.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

it is illegal and forgery until the builder can prove that the booking is done against the cancellation if the plan send for approval to concern department for the floor above 7th

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. The redeveloper has sanction to construct up to 6th floor but he has constructed up to 14th floor.

2. The said construction is illegal and is liable to be demolished unless sanctioned after taking penalty by the Appropriate Authority.

3. If he has sold the illegally constructed flat which is liable to be demolished, then he has committed the crime of cheating on the buyers.

4. Section 467 & 468 of IPC is not ordinarily attracted unless the redeveloper has submitted any forged document for registering those illegally constructed flats on the 14th floor.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. The constructions made unto 14th is purely illegal when sanctioned building plan permits construction till 6th floor only.

2. It is to be seen whether application for construction upto 14 floors has been made and keot pending by MCGM.

3. If that is so and other parameters for highrise construction is permitted then later on the sanction can be granted. Otherwise the whole building may be declared dangerous and illegal.

4. So lodge a complaint with the Municipal Authority which can issue order on ' stop work'.

5. However no no ni case lies on forgery if documents as have suggested.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

All such construction which has been done without prior sanction or approval from the competent authority can be considered as illegal and liable to be demolished.

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

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