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Real Estate Forum on Legal in Navi Mumbai

Real Estate Property Discussion Forum and Guide to Real Estate Queries in Navi Mumbai

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Q: Hi All,

I wish to buy an apartment in a society in Navi Mumbai. The plot the apartment complex has been constructed on is a tender plot belonging to a firm. The firm had a development agreement with a builder to construct the complex. In lieu the builder gave 25% apartments in the constructed complex to the firm i.e. land owner. Society got form 10+ yrs back.

Until now the firm had not sold any apartment in the complex. I wish to buy an apartment form the firm. The firm has no maintenance dues with the society.

However the society is not giving NOC for sale for the said apartment to the firm citing that society can issue NOC for sale to the firm only once the conveyance is done in the name of the society.

I need your opinion on how to approach this situation
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Q: I have purchased a flat with 180sqft terrace on 12th floor of 13 floor building.

Planning to put a slab on terrace and convert it into flat

Can i use the terrace area above the slab buy putting shade above ?

Latest Answer: Hello Sandesh, First of all, there is a structural issue, as it might lead to putting an additional load on the structures. In case the structure fails, Builder will simply raise his hand saying that you are the culprit as you have done illegal construction and putting an additional load (that is why he will not give it in writing allowing you to do the change). In case, there is a big issue like building collapse and death etc, you may able to enjoy the life behind bars as well. So, better check CIDCO rules and hire an architect in this matter for any future litigation.
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Latest Answer: Before considering to put your cash I think you ought to get significant data from the individuals who as of now have purchased in their project and this a site which will help you investigate each one of them propsurf
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Q: I have booked 2 flats in this project and there is no response from builder as per my Agent Mane, I have visited several times to their office but it is closed, latest info I have is that Mr Mahendra is in custody and a trail is going on him in the court of law. Can someone share contact details of builders. Thanks.
Latest Answer: TODAY, THERE IS A HEARING AT NEW PANVEL COURT ON BALAJI DREAM CITY PROJECTS. I REQUEST ALL THOSE WHO HAVE BEEN CHEATED & PAID BOKING AMOUNTS TO BE PRESENT AT COURT. ONCE AGAIN, OUR PRESENCE IS REQUIRED TO MAKE OUR CASE STRONG ENOUGH, OTHERWISE WE WONT BE ABLE TO GET OUR MONEY BACK.
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Q: Can a agricultural land buy a group of 70 persons for residential purpose

Latest Answer: Hi friends, What are the do's and Don't for buying agriculture land? Which are the guideline a buyer should follow before buying agriculture land?
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Latest Answer: Hi, As Balaji Dream City project is a delay project, you can visit the builders' office and ask for the cancellation. But before that you should check your agreement for cancelling clause and penalty. Similarly, if there is any clause for penalty for builder. If they are not ready to cancel the booking and saying that 10-13% will be deducted for cancelling of deal. Then consult a property lawyer and send them a notice for cancellation of flat with penalty. You can also file a case in the consumer redressal forum for delay possession.
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Q: Applying for a loan here with flat as collateral and we require an NOC from CIDCO - do any such agents (who can do this work) have a presence online (name, number, website or phone number) so i can contact them? Also, how long does it take for CIDCO to issue the NOC?
Latest Answer: Contact sky properties for all your cidco noc requirements 9987452642
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Q: Builder says in possession letter that he has all rights on the building terrace for use / renting / advertisement etc for always ! Such condition is not mentioned in sale agreement. To sign on such possession letter or not ?

Latest Answer: My sincere thanks to all who helped me understand that builder has no right on the common terrace.
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Q: In Ulwe, sector 17, for Om Sai Shrushti by Platinium group

Latest Answer: Argument by this builder is that they are partnership firm, and can not open escrow account for maintaining maintenance amounts from members of this project. Further their argument is that it is mentioned in sale agreement that "purchaser will pay maintenance amount before taking possession". Since on receipt of maintenance amount, they will give possession of the flat, so it is understood that buyer has paid the maintenance, so no need for them to give separate receipt for maintenance amount. My concern is after giving maintenance amount & taking possession, they should not later demand maintenance amount again.
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Q: Wanted to know if the NOC from CIDCO is required for transfer of housing society membership for re-sale flat. The flat is in a building constructed on plot based on tri-party agreement. The price of flat has been fully paid up to the seller, without any loan, and agreement duly registered.

To give a brief history. after the OC from CIDCO, and after Housing society was formed, just when builder in process of providing conveyance, which he eventually did, one fine day a letter from a lawyer was given at the gate. It mentioned that the set of heir's of original plot owner had put up a court case against Builder, CIDCO and another set of hier's. Former set of heir's were claiming that latter set had shared the compensation with them. We, the members of housing society, consulted a lawyer, who told use this is not unusual in this region, we should not worry, as the case has not been filed against us, unless there is direct notice to us.
But now after few 3-4 years, when resale of flat went ahead, now the present Housing society committee are denying to transfer membership to the new owners, after CIDCO has not provide NOC.

So is NOC CIDCO required for resale of flat not built by CIDCO, and when there is no home loan involved ?. And a housing society deny transfer of membership to the new owner with CIDCO NOC ?

Latest Answer: In Navi Mumbai, Secretary of Shahjanand CHS Ltd Sector 21 is refusing to issue NOC to sell my flatfor want tofCIDCO transfer. My Seller has been issued NOC to change the name but wehereas my appln was rejected to change Name on Share certificate of CIDCO. Hence my membership to become a Member of the Society as well as to Sell the flat also. I need advise on this.
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