This process is carried on through Deemed Conveyance of the title of the buildings and land in favour of the Society or AOP without the need of the builder to do so.Īs per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance and if Conveyance is not given by the Builder within four months from the date of registration of the Society, Case of Deemed Conveyance can be filed against the Builder to obtain the Conveyance before the District Deputy Registrar. In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society or association of persons (AOP), the society or AOP can make an application to Registrar of Co-operative Housing Societies, to transfer the ownership of the said flats to them. Once the designated Competent Authority has passed the order, there cannot be an appeal against it. This could include usage of potential FSI for their personal gain.ĭeemed Conveyance is final conveyance and the same can be registered. ![]() It is a remedial measure obtained by the society against the builder/landowner who does not wish to convey the property since he/she sees a commercial gain out of the property in future. the housing society and the builder and would pass the required order of Conveyance. In such case, the housing society has to appear before the District Deputy Registrar, who will hear the case of both parties i.e. As per the provision contemplated in Section 11 of Maharashtra Ownership Flat Act 1963, Conveyance is the right of Co-operative Housing Society and the Duty of the property Developer/Promoter to be executed within 4 months from date of Registration of Co-Operative Society.Īfter land and Building is conveyed in favour of Co-Operative Society and the title of property is fully and finally recorded in the property card and other revenue records then only the property becomes completely free and marketable.Īs per Housing Society Bye-laws the main objective of formation of the society is to obtain conveyance and if conveyance is executed within 4 months from date of registration of society case can be filed against the promoter /landowner of the land to obtain the conveyance as per section 13 of MOFA 1963 failure to give conveyance is an offence and the promoter/landowner of land can be imprisoned upto 3 years or fine or both.ĭeemed Conveyance occurs when the builder/land owner or the legal heir refuse to co-operate in handing over conveyance to the Co-operative Society under the Section 11(3) of Maharashtra Ownership Flats Act, 1963. Any aggrieved society or apartment holder can get resolution from us in regards of the same.Ĭonveyance is transfer the title of land and building by promoter/land owner in favour of housing society by execution of Conveyance Deed. Ved Legal is having enough experience to deal with these kinds of Deemed Conveyance of Co-operative Housing Societies, in and around Pune. To curb this practice, amendments were carried out in the Maharashtra Ownership Flats Act, 1963, in 2008 to appoint a Competent Authority (Registrar of Co-operative Housing Societies) to hear the grievances of such Societies/apartments owners and to safeguard their interest by executing deemed conveyance of such societies u/s 11(3) of Maharashtra Ownership Flats Act, 1963. Thus the builders/promoters are benefiting from the buyers lack of awareness and information. Then the builders form the society but do not transfer the title of the property (read ownership) to the flat-owners or the society till he has transferred all the rights in the building/Societies/apartments. ![]() Mostly in the newly constructed buildings, the builders provide for forming a housing co-operative society to which they shall transfer their interest in the property. ![]() Most of the flat-owners of the newly constructed Societies/apartments do not have their sale deeds or conveyance deeds.
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