Unauthorised occupancy & trading from residential premises

mukund (Querist) 19 July 2013 This query is : Resolved
ours is MHADA residential coloney. one member sold flat without inforoming society. new buyer conducts trading activity having nuisance value.we have not given NOC to him for transfer of tenement on his name.
taking action aginst 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 judgement permit MHADA to take summary eviction action under sec 95 A 3
which takes 2 months

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ajay sethi (Expert) 19 July 2013
has application for transfer been made by seller? is seller willing to pay transfer charges?

mukund (Querist) 19 July 2013
no application for transfer has been made by seller.
yes seller is willing to pay transfer charges.

ajay sethi (Expert) 19 July 2013
ask seller to complete transfer formalities .

mukund (Querist) 19 July 2013
agreement between buyer & seller says buyer is purchasing this premises for residential purpose.

buyer wants noc for trading activity which is in violation of MHADA estate mangement 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 .

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