Legal Question in Real Estate Law in India

Property issue

Since 1960 my father is the tenants

of BMC of 70sq meter plot in

western suburb of Mumbai. In 1980

the BMC amalgamated 2-3 nearby

plots (including our plot) and leased

it to a company which developed it

to build a building on it. We were

allotted 70 sq meters area in the

new building. At the time of shifting

we were given BMC NOC and

possession letter from the

company. There are 2-3 tenants in

the building. Since 1980 no society

is formed and we don�t have the

Share certificates and maintenance

bill. All the tenants are paying the

assessment tax directly to BMC (as

per the respective area of their

flats) but we get the receipt in the

name of the company. Is it correct?

� Are we still tenants or owners

of our flats?

� Now how can we form a

society?

� Can we rent out our flats?

� Can we sell our flats?

� To sell our flats what will be

the documents required? (We do

not have a development agreement

with the company)


Asked on 2/11/09, 1:35 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Property issue

1. That will depend on terms of your agreement or allotment letter of BMC.

2. Purchasers of flats/units can form society.

3. Same as Sr.No.1

4. Same as Sr.No.1

5. Same as Sr.No.1.

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Answered on 2/11/09, 2:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property issue

If you were originally a tenant of BMC, and your title has not changed, you will naturally continue to be the tenant. To determine your rights as to sale of the property, you may want to contact a local counsel who may provide you appropriate guidance after perusal of your documents.

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Answered on 2/11/09, 9:23 am


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