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VIDYADHAR   21 June 2015

Transfer of tenements in mumbai under 33(7)

Dear Sir,

I have purchased re-sale flat in December, 2002 at Dadar, Mumbai having 3 wings to the building. The construction done under DC 33(7) as redevelopment by private builder and on private property in year 1999 . I have completed all formalities i.e. resale agreement, registration of same at old-custom house as well as made POA since this is property occupied by heirs of deceased person. I got NOC from builder for this sale since society was not formed. In year October, 2005 society came into existence and thereonwards I got soceity share certificate in year 2012 after submitting all required documents to society committee without any dispute or any queries. Due to some internal disputes Dep Registrar Co-op society splitted one society into 3 diff societies wing wise. New society committee (it is temporary committee appointed by Dep. Reg. Co-op)  of the wing where i am resident is asking to resubmit all documents and telling me that if I do not resubmit same then I will be declared tresspasser. Also they are saying that since I purchased the said flat in year 2002 (building constructed and occupied in 1999) and it was redeveloped building clause of 10 years non-occupancy for Transfer of Tenements which is applicable for SRA construction is applicable here also. Now my queries are : 

1. Whether such temporary committee appointed by Dep. Reg. Co-op. has right to ask for such documents ? When I have already submitted documents to original society committee earlier and they issued share certificate to me.

2. Whether SRA regulations are applicable to 33(7) development ? 

3. What are provisions of Transfer of Tenements for redevelopment properties in Mumbai Island city ?

4. I heard that there is some GR by Urban Dev. Dept. Maharashtra reg. 33(7) transfer of tenement in year 2005. Is there such if yes then pl. provide details of same.

 



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