Unauthorised structure on gaonthan land
Adv. Hemangi Jade
(Querist) 05 June 2012
This query is : Resolved
Dear experts,
I am jr. Advocate and I have referred one query by my Client :
My Client had purchased one flat in the year 1989 in the building. Thereafter, the flat holders have formed the Society in the Year 1990. The said construction is unauthorised and situated on Gaonthan Land. There is no sanction Plan, Commencement Certificate and N.A. Order in the records of the Society.
The builder and owner is in touch with the Society people.
Now Society wants to convey the said land in its name for the purpose of re-development of the building.
Kindly guide me on following queries:
1)Can Owner now transfer the title of the land just by executing Conveyance Deed with Society?
2) How can Society now regularise the said construction?
3) What will be the legal position of the Flat holders situated in unauthorised structure?
4)What are the requirements for construction on gaonthan land?
Please guide me on the same...
thanking you in anticipation.
ajay sethi
(Expert) 05 June 2012
1)building is unauthorised. it does not have building completion certificate or occupancy certificate . without these documents conveyance deed wont be regsitered in name of society .
2)no bank will give loan to flat owners as building is unauthorised . even if flat owners sell the flats registration of agreement wont be done .
3) your remedy is to move consumer forum against builder for deficencuy in service . request consumer forum to direct builder to obtain occupation certifcate from muncipal corporation .
