Property transfer from cidco and conveyance deed
Sagar Mungse
(Querist) 25 April 2016
This query is : Resolved
Dear Sir,
I want to purchase property in nerul sector 19. Society is formed and registered in 2012. OC and CC is clear and get in 2003. It is bunglow plot of 303 sq.mtrs and tripartite agreement between cidco, land owner and builder. It is 12 years old property. I will be the second owner if purchased.
First owner have not paid the transfer fees to cidco hence cidco denied me for mortage NOC and transfer of ownership.
Now seller said he is ready to pay the transfer fees to cidco and also processed for conveyance deed.
I have below doubts:
1. Can cidco transfer ownership to me immediately as first owner is going to do it now?
2. Can cidco transfer ownership to me without conveyance deed?
3. Is mortgage noc and cidco transfer required even after conveyance deed?
4. How much time will take to complete ownership transfer and conveyance deed process?
Please suggest.
Thank you in advance
Regards,
Sagar Mungse
Guest
(Expert) 25 April 2016
1) CIDCO is my neighbor but they have different sets of rules governing them which I have not studied yet.
2) But whatever limited knowledge I have I can state few things
1) CIDCO gives plot on Lease.
2) Although there is bill pending in assembly for transferring lease hold property to Class 1 land under Grant of Land chapter under Maharashtra Land Revenue Code. Still Cidco is not governed under that act. so Cidco properties will be on lease this I read few days back.
3) For every transaction you need written permission of CIDCO , without written permission nothing is legal .
4) CIDCO is Company (which is owned by Govt. of Maharashtra) . Its Goal was to establish new city.
5) In March, 1971 CIDCO was designated the New Town Development Authority for the project. In October, 1971 CIDCO undertook to prepare and publish a Development Plan as required by the Maharashtra Regional and Town Planning Act (1966)
6) Although set of IAS officers are running this CIDCO company still it is company within frame work of Companies act . And to all Properties it will be Lessor
7) When any organization is Lessor to do any thing you require its permission , So with this background I end telling you require permission of CIDCO in writing for each and every thing else it will be illegal .
8) Remaining in detail query will be ans. by person dealing in CIDCO , I reach my limitation here
Guest
(Expert) 27 April 2016
I thought again, and concluded CIDCO will not transfer ownership , It will grant Lease to you in the plot.
If society then Lease may be on the name of society and you are the member of the society.
Local usage and legal terminology will be different thing. Some time people in local usage called them self owner , but legal terminology they are Leasee of the plot.
Means legally you need to take steps to transfer Lease to you with permission of Lessor (CIDCO)
Although you are on lease legally still you enjoy wide power. You will require to fill form every time and you get permission easily . Whole City is on Lease I suppose, So nothing special/unique for you individually.
Guest
(Expert) 27 April 2016
I think this link of official website of CIDCO will be very useful . You click on left first point. Transfer of Property
http://www.cidco.maharashtra.gov.in/ProM_actsregulation.aspx
Guest
(Expert) 27 April 2016
On that page on bottom there is Acts & Regulation
After clicking on it , Click on NMDLR 2008
It contains (Navi Mumbai Disposal of Land Regulation 2008)
I think this will solve your queries properly.
If you check link properly I feel you will get all proper written official information . Any queries on it do ask me , I will reply after going through them.
While dealing with CIDCO , MAHADA , SRA , MMRDA, MIDC, BMC properties you need to keep away from mind all acts regulation which applies for other properties in Mumbai.
Means in short you need to become completely blank from all your studies and then take Acts and regulation of such organization and then study because all are governed by their special acts (CIDCO although company it is also governed under MRTP act as New Town Development Authority )
