Society needs legal opinion to issue no objection certificate to sell unauthorised flats
I the undersigned Dr Tufail Ahmed the Chairman of Al Barkat Co-operative Housing Society Ltd, need your legal opinion as per the law,Herewith we will explain in brief the concerned matter.
Sir, the said building called Aaliya Apartment situated at C T S No 337, Pipe Line Road, Kurla west, Mumba -400070 constructed in 1998 and our society formed in the year 2004 with non co-operation of developer. In the year 2015 the society obtained the all BMC approved plans copies along with relevant documents from local sanctioning Authority Brihan Mumbai Mahanagarpalika, Building Department, observed and found that as per the BMC Approved Plans , there are 21 Nos flats, but in actual physical there are 24 Nos flats in the society’s building which are constructed by Developer and sold by him to the members. As the society was not known/aware of real facts of these 3 Nos unauthorised flats, the share certificates has been issued to TWO UNAUTHORISED flats owners which are duly registered by Developers/Builder. And did not issued the share certificate to one flat owner because it was unregistered .Now, in the year 2020 someone unknown person lodged the complaint to the Brihanmumbai Mahanagarpalika about unauthorised flats constructed in our society building, and there after BMC authority, L Ward, issued the Notice under section 488 Act to Developer, Society and these 3 unauthorised flats owners and visited the our building presmises, further carried out survey of 3 Nos unauthorised flats and confirmed it. Further they asked explaination about it to the society , so the society explained the real facts. Also showed the all BMC approved plans to BMC CONCERNED officers as per their request and there after they issued further Notices to 3 Nos unauthorised flats owners, now the till date this matter is pending with BMC. In addition to it BMC Authority verbally informed the 3 Nos unauthorised flats owners to get it regularise from the Brihanmumbai Managarpalika & the society also informed them to get regularise their flats structure from sanctioning Authority Brihanmumbai Managarpalika. Sir, now the society need your legal opinion regarding these issues as follows:
A) If incase any one of these 3 Nos unauthorised flats owner whenever request to the society for the N O C to sale out these unauthorised flats, Can the society issue the N O C?
B)Out of these 3 Nos unauthorised flats, one of the owner have one flat Authorised A 301 & Flat No A 302 UNAUTHORISED and have been issued one share certificate jointly as per the Bye Law for both flats A 301 & A 302.
1)Now the society want to know if incase the flat owners of A 301(authorised) & A 302 (unauthorised) request to the society to issue N O C to sell out both flats, then how to issue the N O C ? Only Authorised flat No A 301 to be be issued the N O C or both i. e. Authorised flat and Unauthorised flat please? Clearlify the matter.
Asked 5 days ago in Property Law