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Booked property to be legalised

(Querist) 17 September 2016 This query is : Resolved 
I have finalized a property in Ashok vihar it is a builder floor ground floor but the problem is that ground floor is ok but 1st floor and second floor have done about 3 foot illegal construction and it is being demolished once but they again constructed it resulting that MCD booked whole building so please suggest what is the permanent solution to it and can i challenge or appeal in MCD for it and will it be accepted and if yes then how much time it can take
cherukuri prasad (Expert) 17 September 2016
Seek occupancy certificate which is omnipotent to your grievance
Guest (Expert) 17 September 2016
Vague question!

You have not discussed, what is your real problem. When you are alloted a ground floor flat, the problem of 1st and 2nd floor is not yours. That is the problem of of the builder or the residents of those floors.
Guest (Expert) 17 September 2016
Moreover, about legalisation of booked property, if that is not according to the sanctioned plan, only builder is liable to you, not the MCD. Ask him to get regularised the building or the case compunded by payment of prescribed penalty amount, if any, to the MCD.
dr g balakrishnan (Expert) 17 September 2016
Not easy friend. Never buy flats in multi-stories, as most such buildings far exceeded their allotted f s is.
dr g balakrishnan (Expert) 17 September 2016
No law is sacrosanct. subject to amendments. how can you be sure you will be successful, think before you jump for properties, so there buyer beware rule came into being.
Kumar Doab (Expert) 17 September 2016
You have posted that:



"it is being demolished once but they again constructed it resulting that MCD booked whole building "



As per your own post you are affected party; affected by both builder and MCD.



Approach your own counsel and notice both.



Let them reply whatever they want.







Rajendra K Goyal (Expert) 17 September 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with local lawyer.
dr g balakrishnan (Expert) 17 September 2016
Anything illegal how do you think can be regularized.
Raj Kumar Makkad (Expert) 18 September 2016
I don't advise t buy such properties wherein there is such type of constant dispute.
Raj Kumar Makkad (Expert) 18 September 2016
I don't advise t buy such properties wherein there is such type of constant dispute.
Dr J C Vashista (Expert) 20 September 2016
I agree with experts advise, why do you want to purchase knowingly an illegal constructed property?

or

You are searching the means, methods and law to legalize an illegal property from experts on this platform? If so, forget to get an answer.
Guest (Expert) 20 September 2016
Dear Arun Manocha,

Absence of your response to my earlier observation is surprising.

However, compliance of provisions of local body byelaws by all the floor holders can only assure you legalisation of the building. Remote may be the chances to legalise individual floor without legalisation of the building, as a whole.

Further, you may better get all your property related documents, along with the approvals of the municipal corporation, examined by some property law expert to work out if there can be any chance of legalisation of individual floor.


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