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Brindavan Park chs   24 May 2019

deemed conveyance of land in undivided layout

Dear sir,

We have 42 registered chs in a land measuring 144650 Sq. M.
My society is one of the 42 socities registered in the land area of 144650 Sq. M. 
My society's eligible land area is 2710 sq.m out of 144650 Sq. M. Plinth area of my society is 710 sq. M. Hence, balance eligible land area of 2000 Sq. M of my society is in common areas like gardens, play grounds, roads etc within 144650 Sq. M. 
While filling form7 for deemed conveyance should I mention plinth area is 710 Sq. M with survey nos and hissa nos plus common undivided land area is 2000 Sq. M for which survey nos cannot be provided separately or should I mention my eligible land area is 2710 Sq. M with survey nos and hissa nos related only to my society. 
Kindly guide me how to apply for deemed conveyance with areas to be filled in form 7. 
To Kindly let me know how the land area of my society shall be obtained through deemed conveyance. Kindly contact me on 8451037559 or Brindavanparkchs@yahoo.com with your guidance. 
Regards,
Ganeshan


Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     05 June 2019

Hello Mr. Ganeshan!

 

Please refer the clauses for deemed conveyance which is reproduced below:

 

Clause B (1) "If there are many buildings on one plot and have a separate co-operative society of each building and if construction of some of them is incomplete then while making Deemed Conveyance of completed building, undivided share of occupancy right in the proportion of construction on the proportionate area of the construction of the building of such society or ground coverage or plinth area, similarly open space, common services and facilities, roads should be given."

Clause B (3) "If there is more than one society in one layout and out of them only one society has made such application, similarly other societies are not co-operating for conducting measurement of the land of the applicant society then the District Dy. Registrar, Cooperative Societies, and Competent Authority Shall suggest the applicant society to conduct the measurement according to the approved plan from the Architect on the panel of the Competent Authority who approved the construction plans of the concerned society and submit the report regarding area of the society."

 

Hope this solves your query. For further assistance you may contact at the below mentioned number.

 

Regards

Adv. Rohit Dalmia

9324538481

Brindavan Park chs   06 June 2019

Dear adv. Rohit Dalmia, Good afternoon. Thank you very much for your reply. We appreciate your reply. We would like to inform you that based on the above clauses in the GR dtd 22.06.2018 we applied for deemed conveyance of our society. Our file was accepted and hearing process was over. After the hearing process was over, for nearly 3 months we did not receive our deemed conveyance order from the DDR. After several follow-up, we received a letter from the DDR that our application was rejected for flimsy reasons and we need to reapply again from the scratch stating that 1. We have mentioned the survey nos and hissa nos of the entire layout. It wS stated that we should have mentioned the survey nos and hissa nos related to our society only. 2. There is difference of 9 Sq. M in the eligible area. 3. We have not submitted 7/12 documents for onr survey no. When we approached the DDR office, we informed them that at the time of application we did not have any documents and we mentioned the survey nos and hissa nos as mentioned in the agreement. Moreover, our letters and visits to the builder did not give any results. The builder till date is not interested to give any documents to any of the 42 societies in the layout. 3. We gave the 7/12 for the survey no for which they informed us that the same was not given. They refused to accept the same stating that our case is rejected. 4. For the difference in land area of 9 Sq. M we requested them to mention the 9 Sq. M as eligible undivided share of the total area which they refused to accept. Hence, my question is if I mention plinth area we will lose 2000 Sq. M in undivided share of total area. If we mention as per boundary the DDR office is not willing to mention it as undivided share in total area. We are really struck up due to non cooperation from DDR office. Kindly guide us how to proceed further. Ganeshan 8451037559

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