Can deemed conveyance be done on private lease hold land
Prashant Kaluste
(Querist) 20 October 2022
This query is : Resolved
Hi
Ours is a registered coop Society which was constructed in the year 1969 .
The Owner of the plot of land on which the builder built the building was registered as a CHS in the year 2007.
It was given on lease for 99 years .
Currently the Society name is nowhere appearing on property land .
My question is whether the deemed conveyance can be done for such Private Lease hold land as few of the members are in favour of this as a result of which our name as a leasee will appear on Property card .
Few members are opposing as they think it will cost approx 10 to 15 lacs or more ( 64 flats and 32 garages) ( Amount some Pvt Consultants informed)
Some of the members say instead of deemed conveyance ( which might get challenged by the land owner in the court ) we should approach a developer who then will / can purchase the entire plot and get the land converted into free hold .
please help us with what option to be followed in this situation
kavksatyanarayana
(Expert) 21 October 2022
The apartment was constructed in the year 1969, and the cooperative housing society was registered in the year 2007, why did not the owners of the flats keep silent up to the year 2007? Why did you rise this question to date? is it deemed to be a time-pass query? Did the lease deed get the registration before the Sub Registrar concerned and if so when?
Dr J C Vashista
(Expert) 22 October 2022
Construction stated to have been complete in the year 1969 on a 99 years leased plot, whereas CHS registered in 2007 and its lessee (CHS) name is not appearing any where in the property ????
Prima facie fabricated and unbelievable story.
Well analysed, opined and advised by expert Mr. Kavksatyanarayana ji, which I endorse.
T. Kalaiselvan, Advocate
(Expert) 23 October 2022
The query is devoid of details and the information furnished appears to be irrelevant.
If it was a 99 years leasehold property purchased in the year 1969 the lease will expire in the year 2068, hence the lessor cannot claim any rights over the property till then, and any litigation that the lessor/owner may try to institute may not be maintainable at least at this stage
