How to obtain Conveyance from Builder

By Harish Mehta
Q. What are the major difficulties faced by the builders which hinder him for not executing conveyance ?
A. Some of the major difficulties areas under ;
The original owner of the land finds it difficult to get certificate under section 230 (A) of the IT Act, as he has not cleared his liabilities.
Internal disputes between the members of the family, Board of Directors in case of limited companies, or among trustees in case of trust.
Difficulty in getting a certificate under Urban Land (Ceiling & Regulation) Act, 1976 also creates difficulty in executing conveyance.
The promoter delays or avoids the work of executing conveyance as he wants to retain control over ownership of land and building.
(a) Directly or indirectly the promoter is benefited if there is an additional FSI as well as Transfer of Development Right (T.D.R) due to change in Law from time to time for the purpose of construction.
(b) When the flats are transferred from one purchaser to the other he gets transfer money or a share in the second sale.
Q. Are conveyance and registration of the property are accompanied by huge amount of stamp duty ?
A. The stamp duty payable on the conveyance of building and the land thereunder in favor of a co-operative society by the builder and/or the owner of the land shall be paid on the true market value of each unit. All non-resident units will attract stamp duty at 10 percent of the true market value and each resident unit will be require to pay stamp duty at the concessional rate as provided under Article 25(d) of Schedule –I to the Bombay Stamp Act, 1958. The Stamp Duty already paid on purchase of units by the members will be adjusted towards total stamp duty leviable on the conveyance as per explanation – 1 to the Article 25 of Bombay Stamp Act, 1958. Provided further that, where subsequently a conveyance, shall be adjusted towards the total duty leviable on the conveyance.
It is economical to pay stamp duty on individual agreements an get it registered, rather than the payment of stamp duty on conveyance deed at the future date as per then market of the whole property.
Q. What remedies are available to a society if the builder refuses to execute the conveyance in favour of a society ?
A. According to rule 9 of MOF Rule, it is mandatory to take necessary steps to execute the conveyance within a period of four months of registration of the society or limited company. If builder does not comply with these provisions.
He can be prosecuted u/s. 13 of MOF Act.
If builder is found guilty, the criminal court may punish the builder.
If the builder is still adamant a civil suit under the Specific Relief Act can be executed.

Q. Which are the document required for conveyance of land to the building society ?
A. Transferring the title of the land and the building if favour of society is one of the main objects of its formation. The following documents are required for land conveyance of co-operative housing society,.
Co-operative Housing society Registration Certificate : It is issued by the Registrar of Co-operative Societies.
7/12 land Record Ledger Extract : It is issued by Talathi (Village Accountant) of the concern land authorities issue this documents giving details of survey number, area, date of which current owner registered.
Form No. 6 extract of the Property Register : This document is giving details of survey numbers, are, date of current registration and also gives how the name of present owner has appeared in the revenue records.
Search report and title Certificate : This title certificate is issued by an advocate after conducting a search on the title of the property, which is intended to be purchased.
Index-II record copy : The sub-registrar of assurances issues this document. It means the name of the sellers and purchasers and description of the property.
Conveyance Deed (Land Transfer Agreement) : This is a deed documents by which the title of the property is conveyed by the seller to the purchaser. This is the document of the land, which belong to the society.
N.A. Order of Tahsildar / Collector : Order by Collector of the district for the grant of permission to use the land concerned for non-agricultural purpose.
Development Agreement between Landlord and Builder : This is agreement generally accompanied by a power of attorney in favour of the developer.
Approved Plan of the building : The plan approved by the Municipal Corporation permitting the developer to begin construction of the society building.
Occupation Certificate or Completion Certificate : The certificate is given by the Municipal or concerned authority to the developer, once the building is complete and fit for occupation.
Agreement for the Sale with the Purchaser : A copy of the agreement between the promoter or developer and the buyer with details of the consideration.
Stamp Duty paid Proof by the Flat Purchases : Each flat owner or shop buyer needs to provide to the society the proof of having registered the agreement that is the registration receipt.

Q. What are the consequences of non-execution of conveyance in the form of the society ?
A. The consequences of non-execution of conveyance can be disastrous in the long run/. If conveyance is not executed, it means that the society does not have legal rights or ownership of the land on which the society’s building stands.
If the Society does not have ownership of land, it may not be possible to reconstruct the building. Even for using additional F.S.I. or for carrying out major repairs, municipal authorities will insist on NOC from the land-owner. In such cases, losses to the members will be huge.
Q. What are the legal provisions in the existing laws to enable housing Society to obtain the conveyance ?
A. Section 1 of MOG Act casts a statutory obligation on the promoters to execute a deed of conveyance in favour of housing societies within the prescribe period if the promoter fails to comply with the provision, the Society can file a suit in the civil court and obtain a decree against the promoter.
Usually, when a civil suit is filed, the party who files the suit has to pay court fees on the basis of valuation of property. However, in a judgement which is very beneficial to housing societies, Bombay High Court held that in a suit filed by a Co-operative Society against the promoters for conveyance, it is not necessary to calculate the value of property for the purpose of court fees. (Reported in 1982 Maharashtra Law Journal, page 607).
In view, the housing societies can file suits against the promoters for conveyance by paying a nominal amount of court fees, which otherwise would have been in lakhs.
Secondly under chapter-II of the Specific Relief Act. The purchaser of the flat can file suit for specific performance of the contract. The housing society can apply to the court for directions to the promoter / landowner to executive the deed of conveyance in favour of the society.
The provision of Rules 21 and 34 of the Civil Procedure Code provides the remedy to face a situation when a landowner / promoter does not execute the conveyance even after a decree is passed by a court. In such a situation the society which filed the suit should prepare a draft of conveyance and submit it to court. The court will issue a notice to a landowner/promoter along with a copy of the conveyance deed. After considering the objection if any raised by the landowner/promoter, the court will finalise the conveyance deed. If the land owner/promoter still fails to executive the document, the court will authorise and officer of the court to executive the deed of conveyance in favour of the society.
It may be noted that civil suits are likely to take few years to conclude but delay is better than never.
Q. What about the conveyance in case of a society more than 20 years old and the building firm as well as the builders are not more existing/traceable ?
A. The society can file a case in the Consumer Court or in the Civil Court and obtain ex-parte decree in favour of the Society. The same decree can be registered with Sub-registrar as conveyance and the property card can be changed in the name of the society thereafter.
Q. In a project of 8 buildings, 4 buildings are completed and their 4 societies are registered. The builder when asked about conveyance says that it will be hand over only when all the 8 buildings are completed and their respective society are registered. What is the correct position ?
A. the builder can give the conveyance to individual societies and need not to wait for the project’s to complete.
Q. If a member is not having any documents regarding his flat i.e. agreement stamp duty, registration fee receipt etc. then what is the solution if the society is going for conveyance ?
A. At the time of conveyance the concerned member will have to pay Stamp duty at the market value and the rate applicable on the date of executing the conveyance.
Abstract from book “ Master key to Co.op. Housing Society” by Harish A. Mehta, Chartered Accountant.

Spread the love

71 thoughts on “How to obtain Conveyance from Builder

  1. Sir,
    As per builder conveyance deed of our society is delayed as one of the flat is not registered yet. Flat owner is not co-operating. Please advice what action should be taken in this situation to execute the conveyance deed. 

  2. Hello, I stay in a residential complex of more than 15 buildings in Thane east. Out of these 15 buildings some buildings (societies) want to form a seperate federation. Kindly advise if conveyance can be processed or a socity that has 2 seperate federations,

  3. Why society charging Rs 4500/- each Member (Total members 56) for convyence .when builder allready issue us a notice to to submitter necessory document for further procidure of convyence.our 13 year old building. pls suggest.

  4. Our Society has signed redevlopment deal in 2007 but the work hasnt started yet. Builder has been dilly-dallying matter for years now and even the Committe members atre not giving any definite replies. There is no agm being held and none on the M member are residing in the premises. Whenever they are calle for meeting they have been manipulation residents. The building is in very dilapidated state now and they along with the builder are doing bare minimum to keep pacify residents.
    Builder has done the conveyance but we are keen to see the same so we know if he a made himself a party to the conveyance. Who do we need to approach in this case where the MC itself is creating a havoc in the society. Its been over six years that builder has been making false promosis,< Can you please guide is

  5. we are 5 building 30 years old & consist of 40 flats each building, came together to get conveyance from the builder. please let me know what are the documentation papers required to get conveyance from the builders & want to know chain of agreements need of the flat or the latest agreement is find.

  6. We are having society with 12 flats, society form in 1990. Plan is passed for A wing & B wing by builder as per sanctioned plan, but only A wing is completed till date. Builder is not ready for conveyance deed. what needs to be done now.

  7. Ours is a society for row houses. It seems there are two ways to get the conveyance deed done.

    1. 7-12 of entire land (all row houses + common area) on Society’s name and 2. Each row house plot 7-12 with the individual owner and common area with society. Would like to know what are pros and cons and recommended alternative.

  8. sir;                                                                                                                                                                                            our society is registered in 2000.we have 33falt and19 shopes our society .we are on 99years lease plot ,form collector land /for dombivali,[w].now aspar govt,order we can obtain the d,c,[deemed conveyance].what is prosses fordeemed conveyance/ 1=22 year old scoiety,2=what is stamduty/.

  9. Sir,
    I wanted to know what to do if the Old approve plan is not available with the society and not traceable with M.C.G.M office and nether in water department. Please Help.

    1. Sir,
      I wanted to know what to do if the Old approve plan is not available with the society and not traceable with M.C.G.M office and nether in water department. and want to obtain Deem Conveyance for our society, our society is about 30 years old. what supporting document should we submit in replacement of Approve Plan. PLEASE HELP.

      1. Pl pay requisite fee to Building approval plan department of your ward, they will survey and make it a new authorised plan.

  10. Sir, wanted some clarity on flats bought on December 1984, I have been running from people to people for whether stamp dutie is applicable or no … My society is applying for conveyance and a few of us who are still not clear whether stamp dutie is applicable to us or no … Can u pls help on the above matter….

  11. We have a society A wing and B wing. Our builing was redeveloped in 1996 where “OCCUPANT” of old building were accomodated in B Wing and A wing was totally for selling. Now both societies are seperately registered. We have to go for deemed convayence. What will be rights of both societies on common areas like Garden, parking space etc… & will there will be single conveyance for both ?

  12. Dear Sir,
    I leaving at Navi Mumbai kamothe, our society decides to do the conveyance deed. so we are go to agent and ask about that he is agreed to do but we have facing 1 problem. I am the 2nd purchase from Builder so Agent told we have to pay extra money for such type flat.

    so suggest it is mandatory or have any solution on that.

    Please Guide.

  13. Hi Sir,

    I am third allotte of JAlvayu vihar Gr Noida.When I bought the flat there was some case happening in supreme court related to registry of flats under AFNHB(housing board which manages all Jalvayu vihar societies).AFNHB was against individual registry by each flat owners.Now housing board has lost his case and all flat owners have to do registry.for second/third owners we have to trace old owners first.I have tried to find my old allottes from whom I have bought it but they are not tracblel.I have allottment letter,sale agreements copies alongwith NOC by AFHNB hosuing board but I am not able to do my flat registry as finding old owners and getting them to authority office is required for regsitry process even after we have all allottment letters,NOC and sales agreements.Pls suggest some legal way out for my case.

    Thanks & Regards
    Deepak

Leave a Reply

Your email address will not be published. Required fields are marked *