akr1946 09 June 2018
Our society issued LOI for Redevelopment and Agreement is to be signed yet. In the meanwhile it is understood that one member has sold his Flat to a Lender without any information or NOC from Society. The society is not getting monthly dues and wonder whom to approach the sale deed is not even received or endorsed by society. Any forward steps feasible in favour of society to recover dues and move forward for redevelopment.
Rahul 09 June 2018
What are the terms and conditions of the Agreement of the Society and the member who sold the property? If the Terms and Conditions of the Society Prohibit such an act , then legal action can be taken by the Society for Breach of Trust.
Since Letter of Intent is yet to be Signed the loss suffered by you is hard to calculate.
Check Terms and Condition of the Society.
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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 June 2018
The society has to issue legal notice to the existing occupier of the flat. The civic body will amend the Mumbai Municipal Act (MMC) 1988 to make not getting an NOC a non-bailable offence, with provision of jail. At present, if a person carries out an alteration without society permission, (s)he is prosecuted under a bailable section.
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