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Sidhhi   30 October 2024

Conveyance of land in the name of chs in mumbai?

My friend has chosen to buy a 2BHK apartment in a redeveloped building in Mumbai.

The redevement is under taken by a developer on land is owned by Malhotra family in a registered CHS since 1962.

Malhotra family is Confirming party in the proposed agreement with the developer.

As per a clause in the agreement it is mentioned that all the flat owners will have undivided shared in the land and Confirming party shall be representing on behalf of CHS as and when required. It means Confirming party will have control over CHS at all times and the land will not be conveyed by in the name of CHS proposed to be formed by the owners of the flats in the new redeveloped building.

To us it looks dicey and may pose problem for flat owner/s but can't understand the purpose behind not transferring the land in the name of the registered CHS!

Kindly guide and help us with the consequences?

TIA

 

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

The redevelopment agreement conditions and the sale agreement you propose to enter with the owner and the developer are to be perused to render proper opinion to your query hence better obtain a copy of the agreement and get it perused by a local lawyer and obtain an opinion in person

kavksatyanarayana (subregistrar/supdt.(retired))     30 October 2024

You consult a local lawyer with all the relevant papers for guidance as the agreement and all the relevant papers are to be verified to form an opinion.

Dr. J C Vashista (Advocate )     01 November 2024

Prima facie title (ownership) of the land is not transferred to developer and retained by Malhotra family, accordingly it is not advisable to negotiate / proceed to buy a flat in CHS.

I fully agree with the learned senior experts Mr. T Kalaiselvan and Mr. Kavksatyanarayana to show relevant documents to a local prudent lawyer before making a decision to buy a flat in CHS or not. 

Sidhhi   01 November 2024

Happy Diwali to all learned experts for sparing their valued time to share their basic opinion for the queries raised by querists who post their issues here. This makes the forum good and reliable platform for seeking basic guidance. Keep it up.

P. Venu (Advocate)     01 November 2024

It appears that facts are misconceived in the light of the fact that the CHS has been registered far back in 1962. In those times, to my knowledge, the Society's had been constituted in the spirit of a cooperative society in the sense that it is the society which secured the land and the members joined together in constructing the apartment. It is a post 1980 phenomenon that the builders have been dominating the real estate.

In the given case, original CHS owns the land and the developed Society ought to be standing in the same footing.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 November 2024

Yes the case is really dicey and most probably the builder and Malhotra family  are taking you for a ride. As your Society was formed way back in 1962 most probably the Society would be a Tenant Co-parternershaip society under Rule 10(5)(b) of the Maharashtra Co-operative Societies Rule 1961 and the Society may be holding both land and building on leasehold basis leased from Malhotra Family. The Society may be paying rent to the Malhotra Family. The Society may have constructed the building and the flats would have been allotted to the members. Members are owners neither of the land nor of the bulding. The members hold only the tenancy rights of the respective flats and the tenancy-right is transferable. Now the Society wants to pull down the building and construct a new building probably with more number of flats, which the Society can allot to new members. This will require only a re-drawing of the lease agreement with the Malhotra Family. That will no way change the nature of ownership by the members. They will continue to be tenant-co-partners of the Society. Your society should take guidance from the Co-operating Housing Federation. They may be able to suggest good lawyers for the society.


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