Our building was constructed in 1964 and society is formed in 1967. When constructed there were 13 flats and no garages. Agreement made by buider with the purchaser states that the property will be conveyed to the society on formation of the same but he put the condition stating that the remaining FSI & two garages will remain with him. In 1972, members requested to convey the proerty without the clause of maintaining FSI & garages. Members contended that remaining FSI will be property of society and not builder. Due to denial the case filed in court and high court gave ruling in favour builder saying he can keep FSI & garages and do conveyance. In 1980, the same FSI & garages were sold to son of a member and he forcibly constucted a flat utilising remaining FSI. His papers shows that he has purchased the FSI and has power of attorney to construct. The members objected but he forcibly started destroying the structure. As a result the society went into ligation and did compromise with the member's son. As per the compromise he would pay certain amount and one garage and in return he will become the member of the society. The said flat constructed in 1991.
Once again the members started procedure to get conveyance of the property in favour of society in 2009 as redevelopment is needed due to leakages. The building is now 48 years old. The case is filed in sessions court. The builder has given reply in court saying that the FSI is not sold to the member's son and he will file criminal case against the member's son.
Question : 1 Now what is the remedy to society to get conveyance?
2 If we go for deemed conveyance is it required to withdraw case?
3 New member ( member's son ) also not co-operating with the society. As per the agreement he accepted to help in getting the conveyance. But any document is demanded he is not giving and also asked any stamp duty is paid for the flats he owned and his parent that also he is not showing. However he is prompt in payment of society bills. How to take action against him?
