MCGM Lease Land MCGM Lease Land

5 years ago

Sir, We are a Regd CHS. The Land on which the Building stands belongs to MCGM. MCGM has given the Land on Lease to the Society. MCGM has built the Plinth in 1972 and sold the Plinth to the Society. Thereafter we the Members constructed the Entire Building out of own Funds. At that time all the original Members were MCGM Employees. The condition laid down by MCGM in 1972 was that first the Members form a CHS and only then they would permit to construct the Building. So in short. The Land belongs to MCGM, Plinth and structure is owned by the Society and the Flat is owned by the Members. Now the question is: Can the MCGM demand transfer premium for the Sale/Transfer of any Flat in an Ownership Society like ours ?? Secondly, Can the MCGM put an embargo/ban on any sale of Flat by any Member by putting a condition that...The Flat cannot be sold to any one ,except an MCGM Employee ?? The Ready Reckoner Rate of the Flat today is 1.44 Cr. Which salaried MCGM Employee would be able to accquire at this rate ?? These are my two queries for which I seek advise urgently. Thank you

Ramalingaiah Mulakatte

Responded 5 years ago

A.It appears that the society building is standing/constructed on leasehold land of BMC. For proper interpretation the document/deed by which the land was let out to the society needs to be studied. Generally speaking there should not be any bar / restriction on sale or purchase of flats in that building. However, this is subject to the conditions the BMC has imposed in its instrument.
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Anonymous

Replied 5 years ago

Thank you Sir. Are you based in Mumbai??? If yes then I can personally come and meet you.
Thank you

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