mahesh goradia (owner) 11 February 2011

Right of flat owner as per mahrashtra ownership act 1963

Our builder has sold flats as per maharashtra ownership act 1963 to us keeping his rights on tafface, open ground and staircase in our agreement. at juhu vileparle(w) mumbai 400056.Our building is in vallabhnagar co. op. society having more than 36 plots.

I would like to know whether it is legal as per maharashtra ownership act.?

There are 14 active parent society. Thay do not give permission to make induvidual building to make co. op. housing society.

Is it legal?

If we make our co. operative housing society in our building without the consent of landlord, can he go to court for breech of agreement?

Reply Follow

2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 11 February 2011

1. Plans of the building are sanctioned by BMC, and the plans include detailed specification of units (flats), as well as the staircases, stilt areas, terrace and other mandatory common areas.

2. The builder has no right, whatsoever, on staircase, stilt areas, terrace and other mandatory common areas, after he has sold off all the flats.

3. A minimum of ten members is required to form a CHS. No permission or sanction is required from the builder/developer.

4. An agreement which has clauses against the lawful rights of the flat owners, is null & void and the builder has no legal rights to approach the courts for violation of such illegal agreements.

Keep Smiling .... Hemant Agarwal

V. VASUDEVAN (LEGAL COUNSEL) 12 February 2011

I concur with Mr. Hemant Agarwal. Even for selling the car parking, Builders (Godrej) was prosecuted. Hence the Members should collectively form a society and aseert their rights as advised.

vasudevan