Law of the Month

Property law There is no need to obtain a "No Objection Certificate" from Tamil nadu Housing Board for obtaining building permission from Chennai Metropolitan Development Authority[CMDA] for demolition of super structure. Once Sale deed executed by TNHB granting absolute interest to Allottees, TNHB cannot claim any right over land retained by TNHB and all the rights of TNHB cease to exist over flats and common areas after execution of the sale deed. The Allottees or subsequent purchasers have absolute rights to demolish the existing super structure and construct new building without NOC from TNHB. However the said construction has to be approved by CMDA and the said construction should be residential and not be converted to commercial building. This has been decided in a Full Bench decision of Madras High Court in the case relating to Tamilnadu Housing Board vs Mary Rani Immanuel.

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