Transfer of part of the flat in chs
RAJENDRA RANE
(Querist) 22 May 2015
This query is : Resolved
One of our member has bought a part of the neighbouring / adjacent flat ( living room ) in 1985 . He then obtained a letter form BMC to allow him to close door of adjacent flat and open the door from his living room to living room of neighbouring flat. This letter says the permission is given without prejudice. However there is no permission from society and he has not submitted the modified building plan duly prepared by panel architect and approved by BMC. He however broke the part of the wall between two living rooms which is bigger than the normal door . He is asking society to regularise this merger . Society is insisting on the approved modified plan from him and he is not submitting the same . He has made a complaint to collector of Mumbai saying by not allowing him the total area we are harassing him . How the society can give approval without the proper paperwork . Please advise whether society is right in asking approved modified building plan showing the merger before taking decision of approving the new area inclusive of the part of neighbouring flat .
Kishor Mehta
(Expert) 22 May 2015
Sir,
[1] A part/portion of a flat in a CHS, in Maharashtra can not be sold.
[2] Mumbai municipal corporation can not and will not permit any structural changes/alterations without (a) a permission in writing from the Society & (b) submission of architects plans for proposed modifications for BMC sanction.
[3] The structural alterations undertaken by the member are unauthorised and illegal, rendering him liable to be prosecuted. The Society should issue a notice to the erring member in the matter.
[4] The society should not regularise the structural alterations, but should ask him to restore the premises to its original condition, failing which the society should submit a complaint to the MCGM and ask MCGM to take punitive steps in the matter, further the society should take recourse to legal remedy
[5] The society should also refer the matter to the Dy.Regisrar of CHS.
Good Luck,
Kishor Mehta
RAJENDRA RANE
(Querist) 22 May 2015
Thank you Kishorbhai for your prompt response . Is it possible to let me know relevant provisions in the bye laws or MSC act for going further on the action against erring member . However i would like to inform you that the part transfer is registered by the registrar by accepting the agreement between two parties , Your guidance in this regard is highly appreciated .
Kishor Mehta
(Expert) 23 May 2015
Sir,
The CHS Bye-Law states that:
45a. No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.
45b. The Member, desirous of making any additions to or alterations in his flat shall make an application to the Secretary of the Society, giving all the required particulars. Further action on such application shall be taken by the Secretary and the Committee of the Society as provided under the bye-law No. 65.
45c. No structural changes are permissible, without the prior permission of the concerned competent authority.
The MCGM rules state:
4.1 The procedures followed to take a decision for various matters.
1. This office deals with the proposal for development / redevelopment of properties, change of users, additions & alterations in the premises, structural repairs to the structures etc.
2. Any person desirous of undertaking any of the above mentioned works can apply and such person may be
a. Owner of the property
b. Constituted Attorney of owner / authorized signatory
c. Tenant or member / occupant with the permission of owner / society
d. Association of tenants / N.O.C. holders under MHADA Act for structural repairs / reconstruction of existing building
3. For the proposed work, applicant will have to appoint and submit the proposal through a registered Architect / Licensed Surveyor to undertake the work. Applicant will also appoint Structural Engineer, Licensed Site Supervisor, Licensed Plumber for required professional / skilled work in their fields.
4.a. For the scrutiny of the proposal, applicant / Architect will submit all the forms / notices/ undertakings / affidavits / plans duly signed by applicant.
b. He will submit all the pre-requisite documents as attached in Annexure I
c. Applicant will pay the requisite fees / charges.......
I believe the member does not have permission from the MCGM for structural alterations.
MCGM will definitely take action against him on receipt of a legal complaint from the society.
Good Luck,
Kishor Mehta
malipeddi jaggarao
(Expert) 23 May 2015
You can refer the letter of permission to MCGM for verifying its genuineness.
RAJENDRA RANE
(Querist) 23 May 2015
respected Jaggarao sir ,
This letter of permission has come to us from MCGM only. But it says the permission is given without prejudice . what does this mean whether the permission is not have any legal standing , if the member uses the same to prove in the court ? If you want pl let me know your email id i can scan and send to you. I am layman sir so i donot understand the meaning of the legal words correctly .
RAJENDRA RANE
(Querist) 23 May 2015
Respected Kishorbhai ,
In your first reply point no 1 , you mentioned
1] A part/portion of a flat in a CHS, in Maharashtra can not be sold.
Can we have somewhere in writing to show to the registrar and revoke the agreement saying it was wrongly registered by the registrar .
.
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
Yes you can go through the rules meant for it and get the extracts and issue a notice to the registrar to cancel the said sale deed in view of the violation of existing law on the subject.
RAJENDRA RANE
(Querist) 30 May 2015
Dear Mr Kalaiselvan , I will go thru the rules but which rules and where can i find the same . You being advocate would guide me where to see these rules . Do you also know the number related to this rule .I need urgent reply as i have a hearing with collector of Mumbai on 1st and 5th June ( on lokshahi din ) . Pl help sirs .
RAJENDRA RANE
(Querist) 03 June 2015
Initially I got good response for my query but now no one wants to give me precise details on the act and law pertaining to my questions why ??
Kishor Mehta
(Expert) 03 June 2015
Sir,
You asked:
"Can we have somewhere in writing to show to the registrar and revoke the agreement saying it was wrongly registered by the registrar ?"
Please understand that a third party has no legal standing in the matter of challenging the authority of the Registrar for registering a particular sale deed of a part of a flat, it all depends on circumstances of individual cases.
Your observation:
"Initially I got good response for my query but now no one wants to give me precise details on the act and law pertaining to my questions why ??"
Your initial query about the troublesome member appears to be either forgotten or resolved. I had informed you the applicable rules of CHS as well as Municipal Corporation, these are sufficient to take stringent action by the society against the troublesome member.
Good Luck,
Kishor Mehta
