Special drive for deemed conveyance
sudhakar s. yeradkar
(Querist) 09 January 2013
This query is : Resolved
Dear Sir,
This refers to the notification issued by Maharashtra Govt,towards Maharashtra Ownership Flats Act,1963 by which the government is conducting SPECIAL DRIVE from 15.12.12 to 30.06.13 to give the legal right of land to the concern societies.
We would like to seek your expert advise on the following
1.Our registered co-op society is the member of the Federation which consist 25 societies.
2.We have a big complex along with huge aminities like sufficient land space around each building,common garden, common playground, common internal roads etc.
3.Our Federation Committee of 25 societies is fighting with the builders since last 15 years for Conveyance deed but builder is avoiding the same.
4.It is important to note that our singal society indidually had filled case in the consumer court for conveyance deed. Hon'ble court had given decision that said builder is ready for the seperate conveyace deed subject to seperate concent in writting from each society for the conveyance deed.
We would like have your expert advise on
If we decide to go for the conveyance deed as per Govt of Maharashtra Notification as stated above then in that case.....
a)Whether we will get the ownership of open space which is around of our building.
b) Whether we will have a right on the common garden and play gorund?
c) Whther we will have a right on the internal roads after getting seperate conveyance deed of each societies?
Since our federation is fighting for the common conveyance deed, is it benificial to go for the seperate conveyance deed as per notification issued by the Govt of Maharashtra.
Further we would like to know advantages and disadvantages of this notification for the complex of 25 societies.
Waitng for your expert advise on this sencietive issue.
Thanks in advance.
Raj Kumar Makkad
(Expert) 09 January 2013
a). Go through the contents of the deed as if the open land becomes part of the ded only then it can be owned by your society.
b). Yes.
c). Yes.
Common passages, roads, parking spaces etc. do belong to society after its due formation so nothing to worry.
For more details, do engage local lawyer.
