Conveyance of an undivided land
Mohammed Rizwan Shaikh
(Querist) 28 November 2013
This query is : Resolved
Hello Experts,
On a large piece of land, 24 buildings were constructed on an undivided land commencing from the year 1980 and formed individual societies. Our building is one of them, which is in a very dilapidated condition as its been more than 30 years and its on an undivided land.
In the 1988 4 illegal structures (prayer community hall) have come on the said land. The land owner filed the case against the 4 illegal structures in the HC. Hon'ble HC directed the corporation to demolished with the help of the Police. The matter then reached SC by way of SLP, the SLP was dismissed. Since then no action was taken by the the corporation, the matter is still pending in the HC.
As the undivided land is without Conveyance one of the 24 buildings managed to get the
Deem Conveyance from the District Deputy Registrar. The land owner was called by the DDR, the land owner stated that the land under reference have come up with 4 illegal structures and they have not been regularized yet. This way the land owner strictly objected the application for Deemed Conveyance. However, the DDR issued the certificate of Deemed Conveyance without verifying the facts of the land i.e., Undivided land, CRZ II zone and 4 illegal structures, the best reason are known to them.
Being aggrieved the land owner filed a Writ in the High Court to set aside the order passed by the DDR.
I am very confused as the landowner has made all of us a party to the case.
My questions are:
1) Should we go with the Land Owner or request the HC to grant us conveyance?
2) How legal is the Land Owners stand?
3) Can HC quash the order passed by the DDR in the current situation?
Please Help!!!
Regards,
Rizwan Shaikh
prabhakar singh
(Expert) 28 November 2013
The government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body. In order to bring the name of the society/legal body in the revenue record, a Competent Authority has been designated i.e District Deputy Registrar, who will hear the parties on the basis of applications received from the aggrieved party and decide the matter. In case the Competent Authority is satisfied that the society/legal body is entitled to get the conveyance of land and building, an appropriate order in favour of the society/legal body will be passed. After getting the favourable order from the Competent Authority, the society/legal body should prepare an unilateral conveyance deed along with deemed conveyance order and get the same registered with the sub-registrar of assurance after paying appropriate stamp duty.
What High court would do is the case based question and can not be answered.
T. Kalaiselvan, Advocate 
(Expert) 28 November 2013
I agree with Mr. Prabhakar Singh; High court will go by merits of the petition before it.
Mohammed Rizwan Shaikh
(Querist) 29 November 2013
Namaste Prabhakar Singh ji,
Many thanks for your reply. In our matter, one of the 24 biuldings, already procured the certificate of Deemed Conveyance and the DDR failed to notice the fact that there are 4 illegal structures and secondly the land is still undivided. So can DDR ignore the facts and process an order? If all the 24 building seeks Deemed Conveyance then who shall be responsible and liable for the illegal structures?
Rizwan Shaikh
ABDUL RAZIQUE
(Expert) 30 November 2013
First who construct, Second who buy and third civic authority and department who knowing facts did not take any action.
Mohammed Rizwan Shaikh
(Querist) 30 November 2013
Dear Razique Sahab,
Many thanks for your reply. To be precise, the land is unduivided, 4 illegal structures means 4 illegal Mosques have been constructed by few members of different Muslim Community. HC had ordered earlier to regularize or demolish but no one paid any heed. The petition was filed by the land owner.
Secondly, the BMC did not take any actions on the HC's order.
Thirdly, one of the 24 buildings got Deemed conveyance, how? the best reasons are known to them.
Fourth,the land owner again filed WP to quash and set-aside the DDR's order as there are 4 illegal structures on the undivided land and without verifying the facts of the land how DDR processed the order and BMC issued OC.
Regards,
Rizwan Shaikh
ABDUL RAZIQUE
(Expert) 30 November 2013
I endorse the advice of Expert Prabhakar Singh Ji, if you not satisfied him then consult local lawyer.
Kishor Mehta
(Expert) 01 December 2013
Sir,
With due respect to the experts,
There is a provision to approach Collector's office for demarcation of the plot of land on which the building of your society is constructed and subsequently get a deemed conveyance for that piece of land.
Good Luck,
Kishor Mehta
Mohammed Rizwan Shaikh
(Querist) 02 December 2013
Many thanks Kishore Sahab,
I appreciate if you shed some light on the process of demarcation of the undivided plot. Details on the provisions.
Rizwan Shaikh
Kishor Mehta
(Expert) 02 December 2013
Sir,
You have to approach the local office of the collector for demarcation.
It is the duty of the collector:
1. To handle Land matters such as Grant of Land , Leases etc
2. To conduct inquiries under Record of Rights Rules.
3. To handle the cases of Area Correction, Boundary Correction etc.
The collector'c office will be able to halp you in demarcation.
Good Luck,
Kishor Mehta
Mohammed Rizwan Shaikh
(Querist) 03 December 2013
Kishore ji .........Thank you so much.....God Bless.....you all
Mohammed Rizwan Shaikh
(Querist) 08 February 2014
Dear Experts,
The order of the DDR has been set-aside and remanded back to the DDR to re-consider after making the parties to the rest 23 buildings.
The land owner is now trying to play tricks with the residents (750 flats) by luring the idea of redevelopment and by giving good offers. The Conveyance of the entire undivided land is with the land owner. Our society now wants to go with DDR for Deemed Conveyance. We want to construct our own building as it is 46 year old and in a very dilapidated state.
Our society has been registered in the year 1982 as per MCS act. Since then the land owner failed to execute Conveyance.
The land owner will definitely object our reply and application with the DDR.
What legal remedy rests with our Society, please reply as the matter with DDR is on 13th Feb 2014?
Regards,
Rizwan Shaikh
ajay sethi
(Expert) 08 February 2014
if land owner failed to execute conveyance why didnt you file criminal complaint against him under maharashtra ownership of flat act . ? in any case now all 23 buildings should jointly apply for deemed conveyance . you could have also move consumer forum for necessary reliefs to direct builder to execute conveyance in favour of all 23 buildings . dont fall into builder trap . get conveyance and then invite offers from builders for redevlopment
Kishor Mehta
(Expert) 09 February 2014
Sir,
Please understand that the builder/owner can not force a registered society to accept a proposal of redevelopment. The society can request deemed conveyance as per the law and opt for redevelopment on its own initiative.
Please request a special general meeting of the society and pass the requisite resolutions about issuing a notice to the builder/owner for conveyance in favour of the society and about the redevelopment on the society's initiative.
You may then send a legal notice to the builder/owner to execute a conveyance of the plot of land in the favour of the society, and start legal proceedings against him if he does not abide.
Good Luck.
Kishor Mehta
Mohammed Rizwan Shaikh
(Querist) 23 February 2014
Namaste Experts,
We had a meeting advocate of the builder to give us the conveyance, he is stating that the said land falls under CRZ 2 and undivided land, even if he gives conveyance you will not be able to redevelop it. And if we need conveyance then we will have to pay 10 lakhs to the land owner. The advocate is trying to stop or divert our mind from Deemed Conveyance. We have filled up the application for Deemed Conveyance and just waiting to file it.
Somehow, builder wants to stop us from Deemed Conveyance as he wants to Redevelop all the 23 buildings, 2 buildings have already filed for Deemed Conveyance and we will be the third one. Huge profit is involved in the redevelopment of the 24 buildings.
Is it legal to ask money from the Society for the Conveyance by the land owner and his advocate?
As our building is in a very dilapidated state can we ask CM of Maharashtra to give us the permission for redevelopment and to load TDR?
DDR kept the matter for 26th Feb.
Please help Experts, show me the right path.
Rizwan Shaikh
Mohammed Rizwan Shaikh
(Querist) 23 February 2014
Sir,
The advocate has even threatened us that they will oppose our matter with DDR and then High Court and then to Supreme Court. Society Members are afraid and hesitating now. Can he again go to HC, as the HC had already remanded back the matter to DDR?
What legal actions can be taken against the builder/ landowner?
Kishor Mehta
(Expert) 24 February 2014
Sir,
Please understand that if all the members of your society building have paid the stamp duty for their respective flats and have the ownership documents registered, then the stamp duty for the deemed conveyance of the plot for the society would be Rs.100/- and the maximum registration charge is Rs.30000/-.
If the plot of land falls under CRZ2, you may or may not be able to redevelop depending on the actual location, but the demarcation of the plot, and subsequent deemed conveyance, can not be refused.
It is the mandatory duty of the builder to give the conveyance to your society under the law. Please do not be afraid by the threats and proceed with the application for deemed conveyance.
Good Luck,
Kishor Mehta
Mohammed Rizwan Shaikh
(Querist) 25 February 2014
Many thanks experts....God Bless u all...
As per your instructions/ guidance our Society has filed an application with DDR for Deemed Conveyance.
Now we hope for the best.....will definitely need ur immense support and guidance in near future....
Rizwan
Mohammed Rizwan Shaikh
(Querist) 01 April 2014
Namaste Experts,
As the matter is with DDR and the builder is the opposite party to it.
Can I file a Case in the Consumer Court against the landlord/builder to affirm the Deemed Conveyance before the registrar and also to pay the hefty registration fee?
Can the builder/Landlord say that the matter is subjudice in the Consumer Court and stay the case or application?
Will the case in the Consumer Court affect my case of Deemed Conveyance with DDR?
