CONVEYANCE DEED

Querist : Anonymous (Querist) 09 December 2010 This query is : Resolved
Dear Sir,

My co-operative society is more than 20+ years. As on date we have not received the Conveyance Deed from the Builders

The land which our building stands belongs to a family consisting of two brothers and one sister. The Land sale deed with the Builder was signed by the two brothers but not the sister. The Builder is stating the land sale is not legal as the sister has not signed the sale deed. Due to this, he is unable to give us the Conveyance Deed.

I understand that 20+ years will be time barred for anyone to claim their right on land.

Can you please inform us how we can obtain the Conveyance Deed from the Builder

Thanks and Regards
Carvalho Oliveiro.

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Devajyoti Barman (Expert) 09 December 2010
You did not mention as to how you are occupying the property in all these years. Only the buyer gets a deed of conveyance from the seller.

Khaleel Ahmed Mohammed (Expert) 09 December 2010
Query lacks necessary information.

s.subramanian (Expert) 09 December 2010
unclear query.

R.Ramachandran (Expert) 09 December 2010
Let me supplement the query.
Many persons in the society who bought the flat/apartment from the builder have got possession and therefore they are able to live in those flats/apartments.
But so far, no conveyance of the flat in favour of the buyers (flat/apartment occupants) has been executed by the builder. Since the land underneath belongs to three persons (2 brothers and 1 sister) and the sister has not signed the documents for conveyance of the undivided share of the land. In view of this the builder could not convey the flats to the buyers.
In other words, though the buyers have possession, they do not have proper title deed in their names.
The question is how to obtain proper registered title for the flats/apartments.

Devajyoti Barman (Expert) 09 December 2010
Fle complaint under section 12 of the Consumer Protection Act.

M V Gupta (Expert) 10 December 2010
I am of the view that as the sister has not objected to the sale of the property by her brothers and occupation by the Society of the querist for more than twenty years, she would forfeit her right in the property, if any. The builder can therofre execute the sale deed in favor of the Society. If the property is in Mumbai, the Society can after issuing legal notice to the Builder and the owners file an application before the Authority appointed under the Mharashtra Ownership Flats Act as amneded recently for issue of orders for deemed conveyance of the property.

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