Conveyance of land in favour of society & registration of ag

Querist : Anonymous (Querist) 20 July 2010 This query is : Resolved
We bought a ownership flat in a under construction building in 1990 and got possesion in 1992. As is usual builder did not get OC from BMC and as on date even the land is not conveyed in favour of the society. Builders were a partnership firm and now their where about is not known. The earlier managing committee was hand in glove with the builders and so they never put any efforts for OC, Conveyance of land etc. Due to this even the sale agreement could not be registered although applicable stamp duty is paid by me.

Now my queries to honarable experts are as under:

a) How do I register the agreement without builder's confirmation ?

b) How the society can get conveyance of land without cooperation of builders?

With warm regards,

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s.subramanian (Expert) 20 July 2010
you have to approach a civil court by filing a suit for mandatory injunction against the builders. since they have absconded you can take an ex parte decree,the society also has to adopt the same procedure to get the land conveyed.

Querist : Anonymous (Querist) 21 July 2010
Respected sir your response is not correct for Mumbai ( Maharashtra)as in Maharashtra govt. has made some new rules in the matter and appointed an authority to handle such matters.

Chanchal Nag Chowdhury (Expert) 25 July 2010
I am not aware of any specific Rules of Mumbai .Many upcoming Towns have passed legislation to control unscrupulous Promoters. Since U R aware of existence of an authority to handle such matters, U should approach it. If it fails U have to proceed as Mr. Subramanian has advised. The court has the authority to register Deeds of errant or unwilling parties.

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