OC Certificate inspite of illegal temple structure in the premise
30-Sep-2023 (In Property Law)
Hi,
I am a resident from Mumbai. We have purchased the property while being under-construction. It is a tower (22 floors). The builder has built an illegal temple in the premises for a community that does not live in the building. The temple occupies a decent area of the premises amounting to around 10 lakhs in value. While purchasing the property we were not told about this. The OC certificate is due anytime. I am wondering how could the OC be granted inspite of the illegal structure. Secondly, is it advisable to file complaints in the municipal corporation against the builder before the OC or once the OC is obtained. I am not sure if the OC could be revoked at the later stage due to the illegal structure.
Dear Sir/Madam,
Under the Maharashtra Ownership of Flats Act, 1963( MOFA) the promoter/ builder is bound and liable by the representations made to the consumers at the the time of sale of flats, if the above temple was not a part of the original sanctioned plan, appropriate proceedings can be initiated against the builder under MOFA and the directions can be sought against the builder for removal of the illegal structure. Please do not intend to challenge the OC of the building as it will only create further problems for you in the future.
Under the Maharashtra Ownership of Flats Act, 1963( MOFA) the promoter/ builder is bound and liable by the representations made to the consumers at the the time of sale of flats, if the above temple was not a part of the original sanctioned plan, appropriate proceedings can be initiated against the builder under MOFA and the directions can be sought against the builder for removal of the illegal structure. Please do not intend to challenge the OC of the building as it will only create further problems for you in the future.
How u can say that temple construction is illegal? only on the ground that it occupies the decent area of the premises? No need to file complain against the builder try to solve the matter amicably by discussion among the members.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Varisan certificate process and fees and from where it is applied
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."