The original agreement dated 11th May 2000, between the developer and seller contains only apartment and one parking. The agreement now between the sellers and Purchasers contains Flat, three parkings and a servant room which doesn't exist on the approved plan. There is no such marking on the sanctioned plan. This room was supposed to be society’s office . The sellers have been for fully occupying the room inspite of reminders from society in 2006 to vacate and handover the room. The MC changed in 2007 of which the seller was the chairman until 2020. The seller who's also a close associate of the developer had been the chairman for 13 years has now produced a supplemental agreement dated 26th February 2003 which includes, terrace, servant room, three parkings !!! This so called supplemental agreement between the developer and seller was unregistered until 2nd December 2020 and after the objections from members the seller went to registrar’s office in Andheri and paid stamp duty with some penalty whereas the building is situated in Bandra West. Incidentally, the New Agreement which states “ flat, three parkings and Servant room “ was signed and registered by the sellers and purchaser on 18th November, 2020. He has somehow got several NOCs ( for sale, loans for purchasers from HDFC, release of lien from ICICI ) all signed by the Secretary and Treasurer supposedly on November 18th 2020 and 19.11.20 )from the society signed by Secretary & treasurer which says NOC for Flat, servant room and three parkings. Incidentally , the AGM of society was held on November 25th, 2020 which was chaired by the seller . Even in this AGM secretary didn’t mention anything of the sale or NOCs signed by him without the permission of GB or MC. The SGM on advice of an eminent advocate revoked NOC on 13th Dec 2020. Society also advised the purchasers to amend the “ New “ agreement as per the original agreement between the seller and developer for reconsideration. The secretary has also since resigned and the treasurer i. The meantime has also submitted resignation. The purchaser is insisting that the flat along with Three Parkings and Servant room belong to her. In the meantime , the society has received a couple of notices from the seller's and purchase’s lawyers to accept the new sale agreement or face charges as NOC was given by the Secretary and only then the purchasers bought the flat. What shall we do ?
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No such resolution was passed by MC
2) secretary could not have acted unilaterally without MC consent
3) sanctioned plans by BMC does not mention servant room , 3 parking slots
4) builder could not have carried on construction of servant room contrary to sanctioned plans
5) no need to bow down to pressure tactics
6) let member go to court against society refusal to recognise sake of servant room , 3 parking slots
Instead of asking - what shall we do,
The appropriate question to be put to the society is -
What was the society and other members doing all this while when the seller was occupying the servant room which as per the plans was supposed to be a society office?
Not even a single member raised this objection?
Mere asking the seller to vacate the servant room in the year 2006 without doing anything further is not enough!!
The society or any of its members ought to have approached the Co operative court and filed a case against the seller
Nothing of that sort is done
The seller thus has perfected his title over the servant room by way of adverse possession as admittedly he is in possession since more than 12 years
Thus the seller could transfer the servant room to the purchaser
Regarding the three parkings- that also would face the same fate
NOC for sale is not even required so the revocation of the NOC on the advise of some eminent advocate is also of no consequence
Society is clearly guilty of delay and laches !! Society is guilty of inaction and omission to act and take steps within the statutory period of limitation
Now it's too late in the day to agitate for resumption of the servant room and the 3 parkings
Nevertheless for whatever it's worth the society can approach the co operative court
I dont know by referring to 'we' in the question, who is being referred! I assume it's the society
Give two hoots to your comments!
So refrain
If you were law abiding you would have taken prompt steps instead of sleeping over your rights !
Law does not help those who sleep over their rights when a wrong is happening right under their noses
No use playing the sympathy card now
Henceforth do NOT write those essay type comments in my comment box
Just because I honestly said the status of your affairs, that's pinching you, with which I cannot help!
Dear sir/ma'am,
You case can be justified on certain grounds and you don't have to succumb to the pressure by the notices issued from them . As you have mentioned that the Secretary issued the NOC all by himself without the approval of the society, which is not the usual way of conduct, this NOC cannot be held valid in the first place under the Maharashtra Co-operative Housing Society Bye Laws.
Also note that any deviation from approved plans can be considered “illegal” .If there has been additional construction of rooms, then it is clearly illegal as it is not in conformity with the sanctioned plan of BMC. If there is an illegal construction then, one can go to the municipal corporation of the city and can lodge a complaint with the proper procedure. The municipal corporation will send a notice to the residents/owner of the property. This aspect can also be brought to support your case when you file in the Cooperative courts . However a mere change of usage of one room to another does not amount to any civil offense. Also note that since your case is filed after a very long delay, they have the benefit of adverse possession. Thank you.
Since the sale of servant room nd the parking spaces are illegal the sale deed in favor of the seller which was executed and registered recently is invalid and not tenable in law.
The society can take up this matter through court of law restraining and cancelling the sale deed executed by the seller in favor of the buyer and also the sale deed executed in favor of the seller by the developer on the basis of the unapproved plan or deviation in the approved plan.
The society becomes the absolute owner of the servant room and the parking space hence it can very well file a permanent injunction suit as well as suit for cancellation of the sale deed that had taken place in the recent past for the reasons that the same are fraudulently taken place hence illegal and invalid in law.
