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Property issue

(Querist) 04 March 2015 This query is : Resolved 
Hello ALl,
Need your advice on below issue.
My dad had purchased 2 flats from builder 15 years back he opted for home loan from ICICI bank and today we have paid the bank loan.
While purchasing the these flats it was stilt place and there was small builder office.
but once we paid the money to builder he build the flats and we did register the property as of today we get property tax and Electric bill on our name.

Note : In the CC certificate from CIDCO it clearly has the permission of G+3 floors

but society says this is illegal property and they are asking us to pay money to society

Kindly advise what should i do ?


Regards
CP
9820991049
ajay sethi (Expert) 05 March 2015
the construction of flat on stilt car parking slots is illegal . issue legal notice to builder to refund money with interest and also for compensation
ajay sethi (Expert) 05 March 2015
you will have to move consumer forum against the builder if he refuses to refund money
Devajyoti Barman (Expert) 05 March 2015
This is is fit wherein you can seek grievance from consumer forum. Meet a lawyer to do so.
Chandrakant D Patel (Querist) 05 March 2015
Hello Mr.Ajay,
Thank you for your response appreciate it.
No but the CC from Government says it has permission for Ground + 3 Floors. Also the registration and property Tax shows the same area.
Also the Building plan that is approved by CIDCO show the flat that i have purchased.

Still that property is illegal ?


Regards
CP
Hemant Agarwal (Expert) 06 March 2015
Chandrakant D Patel :

1. IF you have the following, in your possession:
a) Stamp Duty paid Registered Documents of the Flats
b) CC certificate from CIDCO showing permission of G+3 floors
c) Property Tax of the Flats, in your name
d) CIDCO approved, building Plan for your Flats

THEN your Flats are perfectly legal .AND. the Society has no lawful jurisdiction to demand any Money, whatsoever, relating to your Flats. Further presuming "IF" the Flats are "illegal", EVEN then the Society has no lawful jurisdiction to regularize the purported illegal Flats after taking any money.

2. IF the Society keeps on pestering you, THEN file a criminal complaint with the local magistrates court, against each member of the Managing Committee members. This will settle the matter, permanently.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Dr J C Vashista (Expert) 06 March 2015
Very well explained by experts, I agree.
Show all the documents to a local lawyer and seek his/her advise.
T. Kalaiselvan, Advocate (Expert) 08 March 2015
I agree with the views and opinions of the experts especially to that of expert Mr. Hemant Agrawal. You may take the help of a local lawyer to solve the issue on the lines of the suggestions given here.


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