We are four ‘tenants in common’ in equal shares in an undivided property. One of the co owners has scrupulously built a garage without the NOC of three co owners and all the documents made to the BMC are either suppressed or false undertakings given on Oath.
There are certain applications put on our behalves to the BMC to pass plans when we have given any permission to the co owner or his architect. CC and OC certificate bears only one co owners name when it should bear all four names.
The IOD as well has many parameters of failure.
We have a registered family Partition deed and it is explicitly mentioned that NOC from all co owners is a must.
Is there a Supreme Court judgment that I can give to the BMC stating that an ‘illegal and unauthorized’ construction cannot be regularized and demolish that garage? Is there a period of limitation (built in 1996)?