Advocate Smith John Colaco

Questions Answered by Advocate Smith John Colaco

Q: delay in issuance of NOC for more than 6 months

i bought a flat and all my documentation/process and necessary dues had been cleared in the month of february and i had since been requesting the society to give me the noc. Its been six months and they said that they can only issue it after a (AGM/SGM) meeting. now the meeting is not being scheduled and it keeps getting delayed and they are not issuing it to me without the meeting and ive been told that the meeting is is going to be held "this month/next month". is there a clause in my favor?

Advocate Smith John Colaco answered
You need to file an application before the deputy registrar of cooperative societies and get an order directing the society to issue that noc. that's the fastest way. you need to request the society in writing to prove delay on their part

Q: Legality for Leave and Licence Agreement

Dear Sir,1)I have a gifted residential flat in my name in a CHSL which was gifted to me by my late Father through a Registered Gift Deed.The CHSL's Share certificates in my name.2) Before more than One year ago, I received a Legal notice jointly from my sisters, husband of my deceased sister, wives of deceased brothers mentioning that Gift Deed made is fraudulent, illegal so,I cannot give for leave and license.3) IS IT LEGAL FOR ME TO GIVE ABOVE MENTIONED FLAT ON LEAVE & LICENCE ? Thanks

Advocate Smith John Colaco answered
until they file a suit and get your leave and license stayed through a court order you can give that flat on leave and license basis. and if they have claimed knowledge of you being in possession of the flat or the CHSL's share certificate being in your name for more than 3 years in their legal notice then they won't be able to proceed in the court as well

Q: Illegally withholding internship completion certificate for fee recove

Can I file an fir for releasing my certificates from college as other remedy are not helping and only remedy is writ petitions. I need in urgent as I have to do registration with MMC and not able to job because of this certificate.

Advocate Smith John Colaco answered
is your college a government college? because normally writ petitions are available only against statutory authority in the presence of a statutory duty being owed to you. In any which way, a writ petition is the fastest option you have

Q: No Objection Certificate from Society.

Dear Sir,I want to give my registerd residential flat which is in my name, situated in Mumbai Suburban on rent through Leave and Licence Agreement.1. Is No Objection Certificate required from my Registered Co-operative Housing Society Ltd. situated in Mumbai Suburban.2. What are the documents to be submitted to the Society, if I rent my flat through Leave and Licence Agreement?Thanks

Advocate Smith John Colaco answered
A no objection certificate from a cooperative society is not required to give your property on rent and once the leave and license agreement is done, you gave to give a copy of it in the society office.

Q: Query Regarding Legal Possession, Occupancy Certificate (OC), Leakage

The builder has not given legal possession of the flat, and the building has not received an Occupancy Certificate (OC). Even though the housing society has been formed, the society is demanding monthly maintenance charges. Additionally, my flat has a serious leakage issue.Should I file a complaint with MahaRERA against the builder? Will I be entitled to relief, including directions to rectify the defects and compensation for the losses and inconvenience caused? project in nalasopara

Advocate Smith John Colaco answered
May I ask how do you know about the leakage in your flat if the builder has not given you the possession of the flat? And if your issue is with the society then the deputy registrar will be involved not MahaRERA