My earlier query-9 days ago- builder not executing conveyance deed -adv sudhirs reply
Querist :
Anonymous
(Querist) 31 January 2012
This query is : Resolved
author : Anonymous
Posted 3 minutes ago
sir/s,
seems my problem is not properly conveyed to adv.sudhir. i furnish additional details
1. land is owned by pvt party. builder has the power of attorney and agreement for development of land
2. its a 7 storey bldg having many flats in it. i purchased a flat in it for which agreement to sale was registered in pune. after completion of all flats builder gave possession/allotment letter to all flat owners on his letter head and handedover physical possession of flats to all purchasers. he also formed the society of flat owners by completing all legal formalities. the society is registered and has issued share certificate to me all other flat owners. its a coop hsg society
3. the flat is financed by a nationalised bank. and before execution of agreement to sale due search for 30 years has been taken by an eminent lawyer in pune who is on the banks approved panel
4. now my question is -
when i approached my builder for execution of conveyance deed in my favour he is avoiding the same under some pretext
i physically possess the flat for last 4 years . builder hasnt executed the conveyance deed in my as well as all other flat owners favour
5. its a flat ant not land or independent bunglow.
i hope now i am clear pl guide
Raj Kumar Makkad
(Expert) 31 January 2012
Society is registered cooperative housing society which has issued share certificates to you as well as all other flat owners. Even if builder do not execute and register conveyance deed, it has no impact over your legal right of ownership. Loan can be availed subject to NOC of society.
However, society should serve a legal notice to the builder to execute a conveyance deed in favour of the society itself instead of individual flat owners if the same is not registered in its favour as on day.
