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property Issue

(Querist) 02 August 2009 This query is : Resolved 
i m secretary of one of registerede coopt scty .My q is shop/ flats under ground floor have extended their area and due to which society area is used upp they have paid to builder at time of purchse(old buyers) and paid to BMC (new buyer of ground floor)
my Q us how do i solve this issue and take back property of scty >???can u giv elink of case laws or any section ?
Y V Vishweshwar Rao (Expert) 03 August 2009
Socity Proerty - earmarked for Common Usage of the Society memebrs - Builder has no right to sell the same - sodl - appears to be long back - as Old buyer & New Buyer - delay - apears to be regualrised by BMS by receivign Penal Amount - Claim the proerty from the Builder > First buyer >and Secodn Buyer !
You can File WP agaisnt the BMC to set aside the proceedings in respect of the excess area covered in the Shop -which belongs to the Society !


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