Property conveyance
SSng Aulakh
(Querist) 24 June 2012
This query is : Resolved
conveyance of housing society property is not given to our society since last six years by the builder who has taken the property on lease from MMRDA and developed a residential complex on this property. 100 % occupancy since last six years. What action we can take against the builder ?
sanjeev murthy desai
(Expert) 24 June 2012
In your case developer does not have ownership of subject property. He has only tenancy rights under lease. It is advisable to approach a MMRDA to get conveyance with NOC from builder.
Whether such lease has any developments rights?
ajay sethi
(Expert) 24 June 2012
builder is required to give conveyance in favour of society .if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned upto 3 years or fined or both.
if builder has failed to do so inspite of repeated reminders you can make application for deemed conveyance
ajay sethi
(Expert) 24 June 2012
There are five stages to complete the Conveyance of land and building in favour of the Society even under Deemed Conveyance.
Collect the relevant Documents such as Society Registration Certificate, Property Card or 7/12 Extracts, Building Approved Plan, Copies of Agreement for Sale of flat purchasers, Registration Receipts, Stamp Duty paid proof, Non Agricultural Order, ULC Order, Search Report, Layout Plan, City Survey Map, Architect Certificate about the utilization of FSI and the proportionate land entitlement Occupation Certificates, Draft Conveyance Deed etc.
Make an application before Competent Authority, make a written submission, attend the hearing, argue the case and obtain the Order. Prepare a Conveyance Deed and submit the same before the Collector of Stamps for determining the payment of Stamp Duty along with the proof of payment of Stamp Duty by all individual flat purchasers including chain of Agreements and Registration Receipts. Pay the deficit Stamp Duty, if any; and obtain the certified copy of the Conveyance Deed.
Submit before the Sub-Registrar for registration of the same under Indian Registration Act, 1908 by paying necessary registration fees and all relevant annexure. Obtain the original Conveyance Deed and also certified copy of Index II from the Sub-Registrar.
Apply to the City Survey Office or Talati Office to incorporate the name of the Society in the Property Card or in 7/12 extract. The City Survey Officer or the Talati Officer shall carry out
Adv.R.P.Chugh
(Expert) 24 June 2012
Thanks Sethi Sir for educating us on this.
ajay sethi
(Expert) 24 June 2012
thanks for your appreciation bharat .
