Shyam Bengal (Manager) 30 August 2012

Deemed conveyance

Respcted sirs,

legal expert opinion on following issues.

HISTORY
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1) Committee without proper process has chose builder to redevelope the one society. (Builder has originally build society in 1982/1981)

2) Total plot area is about 77,000 sq.ft. in which, in half part, there is concern society constructed on 43,000 sq. ft. long time back and some members of society is ready and given assent to committee to redevelope the scheme.

3) In other half part there is bunglow of plot owner in about 27,000 sq. ft and one other small scheme in that part about 5000 sq.ft. Bunglow (Niwas) has filed petition for deemed conveyance asking for 70-80% as they have larger land coverage.

4) Owing to such scenario the society has asked for NOC for negotiation and abiding to sign necessary documents for redevelopment. There has not been offer letter by Builder given to society members. Committe states its difficult to get an conveyance

5) And the Owner is also reluctant to execute the Conveyance Deed to the concern society. As he came to know the fact that concern society is tryring to redevelope and he is desirous to get share in that redevelopement.

6) The present society constructed 30 years back and the occupant of said society residing from many years in that society.

7) Meanwhile the owner has field petition against builder as they have entered into negotiation without having his consent (as he has 5000 sq ft un-constructed).

8) Many people are in doubt and a small minority as opposed this extreme step of taking NOC from members

My queries is as follows:

1) Can we execute Deemed Conveyance Deed in favour of society without Builder as well as Owner. However Niwas has asked for 70-80% where their proportion to built up is 44%. Can Owner play with law to hold conveyance

3) Can we redevelope the said society without any constravesy or hurdle by owner or Builder or Niwas opposing redevelopment.

4) In such circumstances, what rights will be availabe to the Society (Flat Purchasers) about Deemed conveyance or redevelopement or any other rights from owner or builders.

Please guide me with comprehensive evalution with in the light of all legal as well as technical consequecnes.

I will be very thankful to you for the same.

Thanks

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5 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 30 August 2012

Dear Shayam

I have certain more query before going ahead to provide u the answer

Q1 What is the status of the owner whether his bunglow and owner forms the part of the co-operative society???

Q2 Whether The owner is also the member of Co-operative Society?

Q3 How is the demarcation of the plot done in other words is the owners plot is separately demarcated from the society plot??

Q4 whether the plot subdivded betn owner and society?

U can go for deemed conveyance in the favour of society however from your query it is not clear as to what is the status of owner--- so that can the only problem

IF the owner is not member of the society then you will have to check property card to understand whether the owner has trf other part of plot ( your society ) to builder at that time

Regards

Abhijeet

Shyam Bengal (Manager) 30 August 2012

Hi Abhijeet,

Thanks for the promt reply

Answer to your Q's

Q1 What is the status of the owner whether his bunglow and owner forms the part of the co-operative society???

Owner doesnt reside in the society. The 77000 sq of plot has only 44000 of building and 28000 of Niwas is constructed

Q2 Whether The owner is also the member of Co-operative Society?

No he is not part of Building Co Op Society and Niwas Co Society

Q3 How is the demarcation of the plot done in other words is the owners plot is separately demarcated from the society plot??

No demarcation of the plot is done to the best of my knowledge

Q4 whether the plot subdivded betn owner and society?

No sub division of the plot is done to the best of my knowledge as Building and Niwas now have two society on undermacated and un divided plot

U can go for deemed conveyance in the favour of society however from your query it is not clear as to what is the status of owner--- so that can the only problem

IF the owner is not member of the society then you will have to check property card to understand whether the owner has trf other part of plot ( your society ) to builder at that time

He should not have transfered the part of plot as he has filed a petition for non transfer or doing any acitivity as:

a) Niwas has asked for 70-80% of land

b) Building Committee has stated conveyance is difficult, repair is not long time solution and deemed conveyance with result in lakhs of rupees

regards

Shyam

ABHIJEET PARIKH (Bcom LLB MBA) 30 August 2012

Dear Shayam

If owner is separate from the society then you are left with two options

OPTION I

Go for redevelopment alongwith owner and get the deemed conveyance done with owner

try to negotiate with him

OPTION II

Go To Talathis office or local authority to demarcate the plot separate the plot through process of sub divison (from owners plot) and go for deemed conveyance for ur part of plot. However It would be rather difficult choice bcoz subdivision requires owners assent but u can file a suit in court making owner the party to it stating in suit life endangerment of member of society as structure has became dilapated as owner is making unreasonable demand of share in redevelopment project and requesting court to restrain owner and grant separate deemed conveyance

after deemed conveyance thus received and owner out of picture u can start looking for a developer for redevelopment of ur society

Regards

Abhijeet

Shyam Bengal (Manager) 30 August 2012

Dear Abhijeet,

thanks for giving solutions

Option I

Builder ready to get conveyance and confident however has not given any offer letter. Wants us to enter MOU and provide NOC. Our commercial seems to be compromised.

Option II

We are four parties

a) Owner

b) Builder

c) Apartment (Us)

d) Niwas (Second Society not along with us)

The big issue is

a) Apartment has 44000sq ft with 30% coverage
b) Niwas has 28000 sq ft with 70% coverage (as they are independent bungalow)

Now how does sub divion happen with Talati. Also a court case against Owner and Niwas can take longer time (5 year +)

Please Note: Niwas has already filed deemed conveyance petition asking for 70-80% of land part keeting 3 parties as opposition - Apartment, Builder and Owner

Please advice

Thanks

Shyam