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For applying conveyance does a land owner need permission of tenants
26-Apr-2023 (In Landlord/Tenant Law)
I want to ask 2 questions:- 1) If the flat owners of a residential building are not allowing the land owner to apply for conveyance due to some reasons, what charges or laws can be applied on them? 2) If a Chawl & a residential building belong to the same land owner, and if the conveyance of the residential building is not processed till date, do the Chawl owners need to take permission from residents of the building to dig a trench through their premises or an N.O.C. from the land owner is sufficient for this purpose?
Your first question:
Answer: There are certain laws which are applicable such as under the IPC. The land owner can file an FIR against the flat owners. The land owner can also complain to the Registrar of Societies.
Your second question:
Answer: The chawl owners need to take permission from the society members first and foremost. Even if the conveyance is not made, there is something called a deemed conveyance. Therefore the chawl members need to take permission of the secretary and the chairman as well the land owner. Only if the society and land owner give an NOC the chawl can dig a trench.
Answer: There are certain laws which are applicable such as under the IPC. The land owner can file an FIR against the flat owners. The land owner can also complain to the Registrar of Societies.
Your second question:
Answer: The chawl owners need to take permission from the society members first and foremost. Even if the conveyance is not made, there is something called a deemed conveyance. Therefore the chawl members need to take permission of the secretary and the chairman as well the land owner. Only if the society and land owner give an NOC the chawl can dig a trench.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Your question needs more clarity. But what I understand, I would like to say that so far as land owner is concerned, he never required your permission. Second your reference in question about concence is in respect of what? Concence of flat or land. And by whom? Is it co iperative society or not. Answer is depending upon this questions.
Helpful?
Adv. Ajay Ashok Joshi
Pune | 25+ Answers
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