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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.
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Adv. Mohammed Zain Khan
Mumbai | 100+ Answers
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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.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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