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Kev   13 April 2019

Conveyance deed matter

It is a matter of conveyance deed to society where builder has failed to do conveyance and hiding behind clauses in agreement of sale. Brief facts of the case: Housing complex had 3 buildings. Building A completed in 2002, building B in 2005 and building C in 2010. Builder registered housing society in 2003 and gave written undertaking to registrar of societies that he will convey land and building to society. At time of registration of society no individual sale deeds were made and no such sale deeds were made till 2010. But after selling all flats builder began making individual sale deeds with some members without informing society or taking NOC from any of the 40 members. Builder and society in collusion as secretary of society is builders employee and has encroached on common society area. So builder wants to retain land in his own name and deny conveyance deed to society. Secretary of society has formed a small cartel of individuals who have made individual sale deeds and is opposing conveyance process which was in progress for last 4 years. Three members went to district forum and filed complaint. Shockingly complaint dismissed and material evidence such as undertaking of builder and letter of society registrar (confirming that builder is obligated to do conveyance) is suppressed. State commission refusing to admit case on grounds that the ones who made individual sale deeds should have been made a party to the case although we have made the society a party to the case of which they are members. State commission order ( without admission of case) is awaited. What can be done. Please advise.


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 4 Replies

Dr J C Vashista (Advocate)     13 April 2019

Show relevant documents to a local prudent lawyer for better appreciation, guidance and proceeding.

Kishor Mehta (CEO)     13 April 2019

Only those persons having a registered sale deed to their respective flats can become members of a Society and only those members can demand Conveyance. Persons not possessing a sale deed but are in possession of a flat are termed as tenants of the builder and can not ask for a Conveyance. You may check your legal position with respect to your flat.

Kev   13 April 2019

That's not true Mr Kishore Mehta. The flats have been bought from the builder under an agreement of sale and not just occupied. The builder has formed society and given undertaking to convey land and building to the society to which he is legally bound. Individual sale deeds are a disruption of that process which he has disrupted by violating his agreements with all buyers. The legal position is fairly clear. I am just keen to know what is the mind of the national commission in cases which are not admitted by state commission. Would it go by precedence and get prejudiced or does it give a fair chance to appellants? Some of the advocates on this forum who appear in national commission may be able to throw proper light on this.

P. Venu (Advocate)     14 April 2019

Title to the property is incoplete unless the conveyance deed is registered. You may examine the possibility of filing an action for specific performace in getting the conveyance deed executed.


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