Conveyance

Kolambkar Lahu Sahadeo (Querist) 17 October 2013 This query is : Resolved
In our society building of 11 floors 3 floors and land are owned by builder and he has not paid stamp duty for these commercial floors which are unsold till date. Now builder/society has agreed to redevelop the property by engaginng reputed developer with the condition that the conveyance will be given to the society after reconstruction. In the redevelopment agreement it is stated that the builder will give court consent for providing conveyance after redevelopment of the property . The flats will be vaccated by the members only after signing/registering triapartriate agreement with builder/member /developer and getting CC from municipal authority. We are paying property tax/water tax to municipal authority. Please let me know if our present building is demolished for redevelopment whether builder can deny claim of society on the land and what should be done to protect our interest.

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ajay sethi (Expert) 17 October 2013
you should have obtained deemed conveyance . why did you wait for so many years? .
now that builder has signed tripartite redevelopment agreement and agreed to give conveyance on redevelopment wait for him to comply with the terms of agreement .

Kolambkar Lahu Sahadeo (Querist) 17 October 2013
since the stamp duty for unsold commercial premises and one flat was not paid by the owner we could not proceed with deemed conveyance. Kindly suggest whether builder can deny claim of society on the land after demolistion of our existing building.

ajay sethi (Expert) 17 October 2013
builder has in agreement given undertaking that he will execute conveyance deed . if he does not do so then you have to proceed legally against the builder .