Legal Question in Real Estate Law in India

Dear Sir,
I would like to have your advise on the following issue of our society. First I would like to give the background to my question.

Our society has got Occupancy Certificate from NMMC (Navi Mumbai) in the year 2008, but builder has still not registered our society and handed over the society to us. Builder is also not so co-operatve. In the end the flat owners decided to have committee which shall take care of day to day society affairs. Now the committee has started charging the Non-Occupancy charges from the flat owners who have rented their flat.

My question is "Can a society having OC but is not registered by the builder claim Non-Occupancy Charges?" I shall be thankful if you can reply and solve our dilema.

Regards

Asked on 4/09/10, 11:10 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You may refer to the relevent bye-laws of your society read with the Act/Rules of your State.

Answered on 4/10/10, 2:51 am

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