quesSale of flat in a property developed under 33/7

Our was a chawl system in Mumbai, which was recently developed by a private developer under MHADA rule 33/7. Tripartite agreement between developer, proposed society and tenant(me) clearly says the flat on ownership basis will be provided to tenants. we got the possession of the flat in July 2014 along with letter of possession or allotment ( I am not sure what it is called).. its a letter on letter head of developer addressed to me stating allotment of flat no ... on ... floor...etc. by way of permanent alternate accommodation. Our society is yet not registered. My Question is thet 1)

Can I sell the flat in current situation and time( I have heard that such flats can'nt be sold for 10/5 years. its under 33/7 so is it SRA or what ??) who is going to give NOC?? society or Developer?? ( since society is not registered) what are the number of documents required from Society or developer to complete the sale. at this point. any other point from your side please?

  • ansWhat has been mentioned in the tripartite Agreement which you have entered into with the Landowner and the Developer as regard your right of the allotted premises. Has selling right been given in the said agreement? You should have insisted for incorporating the said clause in the said agreement. Get the Society registered and make a bye law which will permit you to sale your flat. While selling the flay you need to submit building plan, NOC from Society, copy of the agreement, allotment letter and also No Due certificate from your society.

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