Pallavi (Coordinator) 26 August 2014
I am owner of flat and i want to sell my flat but i am unable as our society has not yet applied for conveyance. I spoke to secretary and he says number of members required is less so we cant go for conveyance. They are not ready to do any further procedure. Can anyone help me in regards to this? As an owner of the flat can i do conveyance of my flat alone? If not so how many members documents are required to apply for conveyance? I am really in need of help. Can anyone help me in this regards.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 August 2014
Though the Conveyance Deed is one of the most important documents for flat owners, many societies do not have it. Here are some things you must know
What is a conveyance deed?
A conveyance deed is a document that conveys the title of ownership of a property from the original owner to the ultimate purchaser. All the flat owners must obtain conveyance deed for their structures, to become true owners of the entire structure and land attached to it.What is the objective behind obtaining a conveyance deed?
As specified earlier, a conveyance deed transfers the ownership rights from the developer or the landowner to the flat owners. The first and foremost objective is to become the legal owners of the entire property. Obtaining free and marketable title of the property is the most important objective.
When a particular person or society has paid full consideration and is in possession of the property but the title documents are in the name of the original owner (developer or landowner), the purchaser does not have a free and marketable title of the said property. It is only after obtaining the conveyance that the buyers derive free and marketable title over the property.
What are the advantages of conveyance?
Here are some advantages of obtaining the conveyance deed from the developer: Getting the proper title Retaining additional FSI, if any Property will be free and marketable Loan can be raised by mortgage Permission for reconstruction possible Construct additional floor/s by TDR Receive compensation on development
How can the flat owners obtain a conveyance deed of their building?
According to section 10 of Maharashtra Ownership Flat Act (MOFA), 1963, it is the duty of the promoter to submit an application to the Registrar for registration of a Co-operative Housing Society. This should be done within four months from the date on which minimum number (60 per cent of flats) of persons required to form such an organisation have taken flats.
Once the society is registered , it is the duty of the promoter, as specified in section 11, to convey the right title and interest in favour of the society within four months.
What if the developer does not fulfil his duties as specified in the MOFA?
According to section 13 of MOFA, if any promoter without reasonable excuse fails to comply with or contravenes mandatory requirements of section 10 and 11 then, he can be punished with imprisonment for a term, which may extend up to three years or with fine or both. The flat owners can file civil or criminal cases against the promoter for contriving the provisions of the Act.
What is the society expected to do once it obtains the conveyance deed?
After the conveyance deed is executed in favour of the society, the office bearers must apply to the Talathi / Revenue Officer or the city survey office for making necessary changes in the revenue records. There are prescribed forms to be filled to make the necessary changes.
Even the landowner will have to give his/ her consent for making the changes. After the said changes are done in the revenue records, the property card, or the 7/12 extract, form 6 extracts will be issued in the name of the society. Once this is done, the society becomes the complete owner of the property
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