There is some illegal flat owner who is demanding to issue a share certificate. They have no valid sale deed and no permission from the Brihanmumbai Municipal Corporation. Our housing society formed in the year 2004 with non-co-operation of the developer. Sir in our society three numbers of illegal flats built by a builder. Which we came to know in the year 2015. Before it (in 2005) the society has already issued a share certificate to two illegal flats.
The society does not know the real fact. Furthermore, the developer did not hand over single documents to society. Our society didn’t issue a share certificate to one illegal flat owner because his flat was unregistered. The flat owner just paid stamp duty in the Amnesty Scheme a few years back. During such a long period, he did not ask about share certificate.
Now someone unknown person has made a complaint against illegal flats in our society building. The BMC thereafter has issued a notice under sec 488 for the survey of the site. After the site inspection, the BMC has confirmed that the builder has constructed three flats illegally. advised the three flat owners to get legalises from BMC. Further BMC issued notice to the society to produce the BMC approved plans & other documents about explaining that who illegal flats have built?
The third one illegal flat owner whose document is unregistered just paid stamp duty in Amnesty scheme asking to issue share certificate after BMC issued the notice & confirmed the illegal flats built and exits. Further, this third one flat owner regularly pays maintenance and the social issues bill and receipt in his name. Sir so we would like to know can issue the share certificate to him. Please help me.
Now illegal flats have been declared then can we issue share certificate to the unregistered illegal flat owner after Brihanmumbai Mahanagar Palika notice under section 488 and it is confirmed. The society wants to co-operate both of us our member and BMC.