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Pranit F (Lecturer)     12 March 2010

Sell of common areas in a hsg society by the builders

Hi

Can a builder sell some part of common area including the cumpolsary margins to an individual flat owner? Kindly mention the amendments of MOFA in this context.



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 March 2010

1. Compulsory "common open space" is defined in the Civic laws (BMC Act) and is "mandatory" and cannot be used for what-so-ever purposes and cannot be sold to anybody for what-ever purposes. 2. If common area is sold off to a private person or to a society member. THEN THE COMMON AREA does not remain common area and becomes a private area. Hence LOGICALLY there is no question of it being called as a common area. 3. There is nothing in MOFA for such illegal nuisance. Keep Smiling .... Hemant Agarwal

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 March 2010

1. Compulsory "common open space" is defined in the Civic laws (BMC Act) and is "mandatory" and cannot be used for what-so-ever purposes and cannot be sold to anybody for what-ever purposes. 2. If common area is sold off to a private person or to a society member. THEN THE COMMON AREA does not remain common area and becomes a private area. Hence LOGICALLY there is no question of it being called as a common area. 3. There is nothing in MOFA for such illegal nuisance. Keep Smiling .... Hemant Agarwal

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