Old building unregistered (proposed) society need to install toilet inside apartment
Rajesh Soni
(Querist) 07 August 2015
This query is : Resolved
Hello experts!
I have recently bought an apartment in a 4-storey old building (built 35 years) at Vile Parle West, Mumbai. The building does NOT have an OC (Occupation certificate). The housing society is NOT registered, it's still "Proposed".
This building has common toilets on each floor, each flat has bathrooms inside, but NO toilets inside each apartment.
1) My first question is, if I am willing to bear all expenses to install a toilet inside my apartment, do I need written permission from the proposed society or BMC or anybody else?
2) Second question, the society is dominated by Gujarati / Marwadi communities and they are insisting the apartments be let to only Gujarati families (No bachelors or students allowed). I know this is 100% illegal to discriminate, and I personally have no objections to let this to students / bachelors of other castes.
I have observed a lot of resistance from residents of the society in these matters. Nobody has ever attempted this before, and the committee members and other residents are going to NOT cooperate and create hassles. I want to know what are my legal options.
Thanks in advance.
Regards,
Rajesh
P. Venu
(Expert) 07 August 2015
You can construct the toilet if it is feasible and no causes no inconvenience to other occupants.
As regards to other issues, the practices being followed has no legal standing. You are entitled to take an independent view of the matter.
Rajesh Soni
(Querist) 07 August 2015
Thank you very much Mr. Venu for your reply. Appreciate your time.
Anybody from Mumbai can give their inputs, I want to play it very safe.
Thanks.
Kishor Mehta
(Expert) 07 August 2015
Sir,
You need a written permission from the relative ward office of Mumbai Municipal Corporation for any structural addition or alteration, further NOC from Society is required u/s 47 & 65 of Model Bye-Laws of CHS.
Please understand that it is a serious offence to add, construct or alter any construction without written permission from the Landlord/Society and MCGM.
As regards your second query, it is not proper and illegal to object on the grounds that you have stated. I hope better senses will prevail if you argue your case strongly enough.
Good Luck,
Kishor Mehta
Rajesh Soni
(Querist) 07 August 2015
Thank you Mr. Mehta for your inputs. But I'd like to re-iterate, the society is NOT registered, so how can the Bye-laws be applicable as bye-laws can only be applicable on "Registered" societies.
Rajesh Soni
(Querist) 07 August 2015
Re-opening this ticket.
Kishor Mehta
(Expert) 08 August 2015
Sir,
I have stated written permission from Landlord/Society, naturally somebody must be the owner as per the records of Mumbai Municipal corporation and the Collector's office. Some name would definitely appear on the property tax bills as the owner.
Municipal corporation usually requires a written permission from the owner of the building with the application for permission for additions and/or alterations.
Good Luck,
Kishor Mehta
Rajesh Soni
(Querist) 08 August 2015
Thank you for your reply, Mr. Mehta.
Okay, that's a good point- I'll try to find the property tax bill to see the name on it.
I'll keep you gents posted.
Thank you everyone for your inputs.
Hemant Agarwal
(Expert) 08 August 2015
For various parameters about Bachelor Tenants, visit the following link:
http://www.lawyersclubindia.com/articles/Bachelor-Tenants-Prohibited-in-society-5715.asp#.VcXRzfmqqko
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Rajesh Soni
(Querist) 08 August 2015
Thank you Hemant! Appreciate your help.
Dr J C Vashista
(Expert) 09 August 2015
1. An unregistered society has no locus to stop any occupant/owner of the flat to live as s/he want. Bye-laws of such a society have no legal value. The society is a body of private persons which cannot enforce any rule/regulation.
2. You can construct a toilet within your own house/flat which should not create any problem to other occupants/owners.
3. BMC and other authorities may be apprised regarding existence of unregistered society, which is illegal and unauthorised.
4. Completion certificate is mandatory requirement, if not granted the authorities can take action.
Rajesh Soni
(Querist) 31 August 2015
Hello Everyone!
An update: 31 Aug, 2015
I contacted the MCGM (Municipality) office, and met the Sub-Engineer (Building & Factory department), and was told that they can provide No Objection Certificate (NOC) to create the toilet inside my apartment only on "Medical grounds".
I need to apply in writing along with a medical certificate citing medical reasons for creation of toilet, and a NOC from every apartment owner who stays below my flat (my apartment is on the fourth floor), and I need every apartment owner to sign in the NOC who stay below my flat (as the new sewage line will pass through their flat).
So my question here is, what kind of "medical grounds" are valid, do I have any other options that I can mention if there are no medical reasons?
Thank you in advance.
