Respected Lawyers...
Your valuable advice is urgently wanted...
We have a property in a Western Suburbs Mumbai which we want to sell. While we stay at Navi Mumbai.
Before 2007, we had 1 BHK in said society. The society plot is allocated by MHADA Mumbai. The residents decided to re-develop the property to convert 1 BHK to 2 BHK flats. The re-development was carried out by society only by appointing private contractors. It was decided to develop two new flats and sell them to raise the finance for re-development costs. also almost 8 to 9 lacs extra are paid by residents towards redevelopment costs. we also paid the same.
Now, we want to sell this property due to severe financial problems. Hence before showing flats to buyers, we verbally told our society chairman, secretary and Treasurer about the same. Then we entered into agreement for sell on 9.3.2014 with a buyer and requested the society to issue the NOC
The secretary and treasurer said, we will issue once the accounts of redevelopment (construction costs) are finalised. The construction costs are not finalised since 4 years. So they asked 15 days time. We visited society on 10th april again, but treasurer was reluctant to answer, he said we will need one more month as work is pending for years. So when we reached Society Chairman about this, he said, pay 8 to 10 lacs donation for NOC, but he didn’t answered about the delay in issuance of NOC.
When I asked the same to society secretary he said, that we had 1 BHK now you are getting 2BHK. The redevelopment was carried out for members who want to stay in society, if someone wants to sell it, that person must pay for benefits received from sell of above mentioned new flats, i.e. we must pay 8 to 10 lacs donation to society if we want to sell a flat. When I said this is not good, he said we have redeveloped,so if you are getting benefit by selling the flat, you must pay society also and for the same society is about to make the resolution.
We are unable to do sale deed as we dont have NOC and OC of the society with us.
So please guide us
1) How to get NOC from this people.
2) Does society have rights to make such rules?
3) Isn’t it a illegal move by society committee? What action we can take against them, on urgent basis, as deadline for sale of agreement with buyer was 15 april. Whether we may have to pay penalty for delay to buyer?
4) Can society claim such non sense resolutions? We are the owners and we are suffering. What to do please guide us.
