Conveyance deed for lease plot
Querist :
Anonymous
(Querist) 21 November 2011
This query is : Resolved
Dear sir,
We are a registered CHS in Borivali. Conveyance deed is not executed by builder. As we have enquired about the same, we came to know that our plot is on lease by Trust & the promoter of the trust is the family member of the Builder, who has develop the our Building.
Now, please suggest how to convey the plot in favour of society for redevelopement purpose, as the conveyance deed in with Trust instead of Builder.
Deepak Agarwal
d_r_agarwal@yahoo.co.in
Raj Kumar Makkad
(Expert) 21 November 2011
You should have gone through title of builder prior to moving your application. A lessee cannot provide better rights to subsequent allottes. Your society cannot get absolute ownership rights until Trusts becomes agree for that.
Sankaranarayanan
(Expert) 21 November 2011
yes mr makkad is well said for your query.
ajay sethi
(Expert) 21 November 2011
if builder has failed to execute conveyance then society has to make an application tot he competent authority along with copies of agreement entered into by builder with the flat owners .
further society should enclose occupation certificate .
the competent authroity after hearing both parties issue a certifcate “that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and building in favour of the applicant, as deemed conveyance.”
Rajeev Kumar
(Expert) 21 November 2011
Yes i agree with mr. makkad
M V Gupta
(Expert) 21 November 2011
If the builder has constructed the flats on a lease hold land, your Society would get only a long term sub lease of the land subject to the provisions of the lease deed. You better consult your advocate with all the documents awailable with you. If the builder does not respond to your demand to execute the requisite conveyance you can approach the Competent authority appointed under the Maharashtra Ownership Flats Act, 1963 and obtain deemed connveyance through him.
Raj Kumar Makkad
(Expert) 21 November 2011
I want to add in the reply of Sh. M. V. Gupta that owner cannot give better rights to buyer so it builder is already a lessee, no authority can make owners to allottees on such land.
prabhakar singh
(Expert) 26 November 2011
Yes ! apparently,one can not give what one does not have.
