Shasti on illegal Construction
02-Feb-2023 (In Property Law)
1. What does “Shasti on Illegal Construction” mean?
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Shasti = penalty/fine. KDMC imposes a fine whenever they detect unauthorized construction or alterations.
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This can be at the building level (extra floors, deviations from the approved plan) or at the flat level (e.g., seller added a balcony, merged rooms, enclosed open space).
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Even if a building has a Commencement Certificate (CC) or is registered, individual units can still attract fines if they have internal modifications or if KDMC later detects deviations in the overall structure.
2. How can a legal building have an “illegal” flat?
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The building’s original approval may be legal, but:
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The builder might have changed something (extra floor, larger staircase block, more FSI than permitted).
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Owners may have done internal changes (covered terrace, extended gallery) after possession, which KDMC flagged.
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In many cases, KDMC simply levies a compounding fee instead of demolishing—basically saying “Pay up to regularize this.”
3. Will this create a problem if you buy?
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If the fine is paid and the construction is regularized, there’s usually no issue. Keep proof of payment.
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If not paid, KDMC can keep adding penalties or even issue demolition notices (rare, but possible).
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You must confirm whether this penalty relates only to your flat or to the entire building.
4. What should you do before buying?
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Ask the seller:
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What is the fine for? Flat-specific or building-wide?
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Has it been fully paid? Get receipts.
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Do a title & legal search: A local lawyer can verify with KDMC if the property is fully regularized.
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Get a No-Dues Certificate (NOC) from KDMC or society before purchase.
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If still unpaid, negotiate with the seller to clear it before you register the flat, or deduct the amount from price.
Bottom line:
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“Shasti” is a penalty, not necessarily a sign of fatal illegality.
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If paid and regularized → safe to buy.
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If unpaid → get clarity before purchase to avoid inheriting liability.
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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.
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