Legal Question in Real Estate Law in India
I owned a flat in Badlapur maharashtra (India) which is 1BHK with open terrace. now i want to construct that open terrace with wall on three sides & roof on the same. I have given written application to society but they are not ready to give permission. Please advise legal procedure for the same
3 Answers from Attorneys
10.01.2013
Dear Sir / Madam,
Please refer to your agreement with the builder and the terms and conditions of sale.
If your sale agreement contained a provision(s) enabling you to enclose the open terrace with the approval and permission of the concerned local municipal authority (LMA) anytime in future, you need to furnish extracts thereof along with your written application to the Secretary.
The Society on their part, are entitled to get a structural audit done by the concerned LMA, ask you for a deposit and revise your insurance & monthly maintainence charges as unanimously decided by the Managing Committee. Please note that if you happen to be on the Managing Committee, you will have no say in the decision of the Managing Committee on this matter.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
Check bye-laws and act accordingly. Also check rules/regulations of local municipal council or collector/town planning.
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