Mumbai | 16 Jan, 2017 (2 years, 6 months ago)

General Advice

Its about my property issue

Hello All, I have a property in MJ Nagar Powai area, area ward is "S ward". We have made the double mala 1+ year ago which was cost near by 2 lakh rupees. Now my uncle did the complaint against ask to Mahanagar palika about room size was constracted with extra space but we had constracted as per room size and it was legal if we compare with others room beside to our room. So far there is no action taken by mahanagar palika but i wanted to secured my room with fully of safety so it wouldn't destroy/effects by any one. Need your consult about how we can secured the property, whats need to be done now? Should i pay the property tax if yes then whts the procedure or else whts need to be done. Whts necessary action need to be take now. Please help me would really appropriate if you can give me ur best opinion about above situation. Hoping the best and waiting for your reply. Regards, Mumbaikar.
Answers
26 Mar, 2018 | 13:00

Hi. It seems that you have made the additional construction in your premises without first obtaining the permission from the Mahanagar Palika. For any changes of a structural nature or making of structural additions like constructing a mala you first need to apply to the local body i e the Mahangar Palika for permission. You may also be required to submit proper architectural plans prepared by a certified architect. The local body will process your application to check that there is available FSI for making the additional construction and permitting you to make the additional construction will not lead to any FSI violation. If the FSI of the premises is already exhausted and utilised by the existing structure, then your application will be rejected. So without such an application being submitted and without the proper permission from the local body, any additional construction made to the existing premises will be illegal and the local body has full power to demolish the same and recover the costs and expenses of demolition from you. By just paying the property tax on the additional construction so made without permission, that structure will not be regularised. Property tax is assessed on both legal as well as illegal structures. So I suggest that since you have already the additional construction in your premises, you apply to the local body for regularising the structure for which you may be required to pay some penalty as well only if the local body allows the additional construction. The other option can be to just remain silent and do nothing but here you will be running the risk of any legal action against you by the local body should any person complains to the local body about the additional construction made by you without proper permission.


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