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ANKIT KIRITBHAI SHAH (ADVOCATE)     14 April 2015

Make dastavez from kabja rashid

Sir,

Greetings of the day.....!!!!!

Sir, I resides at a flat from last 20 yeas in Surat. The building is situated in a co-operative housing society. There are total 72 houses (bunglow types) in the society,except our's is building, rest of 71 are bunglow type.

We flat holders (9 flates are there in a building) have “KABJA RASHID”. We dont have any “pakka dastavez”. The co-operative housing society has issued share certificates to all the 71 houses except our building.

The members of the co-operative housing society threaten us to pull down our building as it is illegal. They are telling us that the builder built this building illegally. There is no permission. We have a light bill in our name. We pay all the municipal taxes than how they can say our flat is illegal?

The rest of 71 houses, members do not consider us part of the co-operative housing society. They are not ready to give us share certificates as we only have kabja rashid. My questions are:

1. Kabja Rashid made our ownership illegal? Don's we consider as owner of that flat as we paid whole and sole amount of the flat. In kabja rashid the builder has agreed that-

I sell this flat to Mrs.________for Rs.___________. After this agreement she is free to make documents or sell it to anyone she wants.”

2. Can other members pull down our building?

3. Is our building illegal?

4. What can we do to make our house legal and get share certificate from the society?

5. The builder denied to make documents and asking for money. Can't we make pakka dastavez at our own with reference to above written statement in kabja rashid?

I NEED HELP FROM YOU EXPERTS....AS I AM GETTING DIFFERENT OPINIONS FROM EVERYONE.

KINDLY GIVE YOUR VALUABLE SUGGESTIONS AS SOON AS POSSIBLE.

 

Thanks in advanace. 



Learning

 6 Replies

ANKIT KIRITBHAI SHAH (ADVOCATE)     18 April 2015

Respected learned members kindly enlighten on the said matter!!!!!

Manoj Goyal   20 April 2018

Sir my enquiry is same

Manoj Goyal   20 April 2018

Sir my enquiry is same

Atul Mishra   09 January 2020

I hv a plot with kabja rashid how can we make registration of it

Milap Mehta   03 September 2022

Kabja file property in Suart are being regularize.  Any person having possession more than 12 year will eligible to apply for regularize the property to City Survey office.

You require following documents

1) Chain of Kabja file and other property documents if any

2) Electricity bill

3) Vera bill

4) Aadhar card Stamp duly will be payable and thereafter Sanad will be issued by the City Survey office.  

Further information,  Please contact me at Surat Milap Mehta - 7405622028

Read more at: https://www.lawyersclubindia.com/forum/transfer-papers-to-be-converted-to-dastavej-81419.asp

Chetan Chaudhari   13 October 2023

Hello sir

I am facing same problem.. I want to contact you

Pls contact me on 9582126544


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