Pending completion report and sell deed

Vallabh Raut (Querist) 16 January 2018 This query is : Resolved
Dear Experts,
We are an apartment of 32 flats. Agreement between the builder and land owners for developing the land is for 100 years. The builder died after completing the construction work. We are residing in the flats since last 10 years. The completion and hence sell deed is still pending.
When we approached the Municipal Corporation, we found that plan submitted and the actual constriction on site are not matching. Some flats were not in the plan submitted to the Corporation. Now the corporation says, pay penalty and get completion certificate. But the problem is : there is a conflict on who will pay the penalty. Some owners are asking to distribute it equally and some are saying it should be imposed only on the owners whose flats are not sanctioned.
What is the legal procedure to pay the penalty and complete the further formalities to ultimately have our names on the property card?

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Guest (Expert) 17 January 2018
A matter of commonsense, when the building is a common complex of flats, sharing of any expenditure should also be on common and equal basis. However, in such cases, majority rule applies. What majority of flat owners decide should be adhered to.

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Adv Shailendra Deshpande (Expert) 18 January 2018
Agree with Expert Dhinhgra. Was the flat owners aware that their flats are constructed without any approval? The completion certificate for entire society is not received, hence it is better to cooperate with each other & finish off legal formalities for completion.

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Vallabh Raut (Querist) 19 January 2018
Thank you, Experts for your valuable input.

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