Noc for trading activity in residential flat
mukund
(Querist) 19 July 2013
This query is : Resolved
ours is MHADA residential colony. one member sold flat without informing society.
agreement between buyer & seller says buyer is purchasing this premises for residential purpose
new buyer conducts trading activity having nuisance value. we have not given NOC to him for transfer of tenement on his name.
buyer wants noc for trading activity which is in violation of MHADA estate management transfer rules 1981.
so i refused to give him NOC in the past
should i give me him NOC for trading activity?
he is ready to complete transfer formalities only after such NOC for trading
taking action against him as tress passer under MHADA act or making him member and then taking expulsion action under MCS act which is better option?.
one high court judgment permit MHADA to take summary eviction action under sec 95 A 3
which takes 2 months
ajay sethi
(Expert) 19 July 2013
no dont give NOC for trading . take action as trespasser
mukund
(Querist) 19 July 2013
thank you.
after giving NOC for residential purpose what legal remedies are available to me to stop his trading activity.
ajay sethi
(Expert) 19 July 2013
if he gives an undertaking that he shall use flat for residential purposes transfer flat in his name
mukund
(Querist) 03 August 2013
today i received letter from MHADA estate manager asking me to give NOC to the unauthorized occupant for regularization of tenement
who carrys trade from residential tenement.
against whom i have made several complaints. MHADA IS ignoring my complaints.
this is also in contravention to estate management rules 1981.
i have asked MHADA to ask that occupanat to discontinue his trading activity give undertaking in writing that he will use the said premises for residential purpose only.
what else should i write?.
can MHADA regularize the said tenement without society's NOC?
occupant has not approached society.
estate manager taking keen interest in this particular case.
