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.
Which govt. body should we approach to get the conveyance deed ? May I please request to give details of the same.
Conveyance Deeds are made between parties. You need to take it from the builder. If builder is not tracable or denying it, you may register one sided Conveyance Deed with Registrar of Documents after paying stamp Duty. If all the flat or unit occupants / owner have paid the stamp duty, society needs to pay few hundered rupees only.
Sir,
We are staying in Sachinam society for last 20 years but stiil conveyence is not done by the builder, now the builder has died & his wife and partner has sold the conveyence to other builder
about 2000 square feet fsi which was available with builder who also got additional fsi as conveyence was not done, now society want to install a generator in society compound but the new builder claims all open land property belongs to him as he has purchased conveyence and we cannot install generator further he also claims all open parking space belongs to him on which we were parking our vehicle for last 20 years can you please guide us and give solution .
Thanks.
To get conveyence we have all documents. but there is discrepency in 7/12 and power of attorney between owner and builder. discrepency is because of one of 6 owner is expired and only 5 are alive. so now updated 7/12 reflects only 5 names out of 6 owners where attorney reflects 6 names.
i want to know because of this discrepecy , power attorney stand invalid and new attroney is to be prepared?.
who will liable to pay conveyance deed charges when builder or promoter ready to transfer in name of society
how much stamp duty required to be paid for conveyance deed
where we get latest costs of lands for conveyance purpose
Dear Sachin, If all the members had paid stamp duty then Conveyance deed will atrract few hundered rupees. If not let the members pay the stamp duty first.
what shall we do if builder refuses to pay conveyance deed charges
Just complain in any consumer court or file plea at Registrar.
i have reconstructed a coop.hsg. soc The society were absolute owner of the plot since the previous conveyance deed was done.we had a Development Agreement with the soc.duly signed by all the members.We purchased the T.D.R. FROM MARKET AND RECONSTRUCTED THE SCHEME.The society was already owner of the plot, Now we want to convey the additional T.D.R. area on the society name ,since major part of T.D.R. was purchased by the members .The members have already paid the Stamp Duty for the additional area they purchased.PLEASE ADVICE US HOW TO PROCEED WITH THE DOCUMENTATION FOR THE CONVEYANCE DEED OF ADDITIONAL AREA ?Thank you and hoping a reply soon.
we have tenanted premises on my mother name; now she is very old. sence i am her only son she would like to transfer her tenantable right on my name.What is the procidure for transfer.pl.guide. Secondly above information is very frutful.
Our society is registered but not conveyed, The Builder was not conveyed by the land owner whose name is on the property card. Since the land owners were trust and the new office bearers have taken over the trust after the demise of old ones. The Old trustees had given us the resolution passed in their meeting in 1994 as the case by the society was filed in 1992, we being new committee even new members are following after the gap of 15 years as most of the old occupants shifted to new accomodation and as usual the papers misplaced. Assuming these legal documents are in our favor the old trustees had given go ahead, the orignal papers are signed by the old trustees with the draft of deed. I would like to now as the new trustees are bound to accept the resolution passed and give the consent letter for conveyance and sign the deed which was acccepted and their resolution letter sent to the Charity Commisioner
I am residing in a housing complex whic has 35 buildings. The developer is ready to give the conveyance provided all the 35 buildings come together and ask for conveyance. It is very difficult to bring the 35 building together. There are 4 buildings which are ready to goahead and are asking the conveyance of the building. But the developer is not giving it since he knows it very well that all the 35 buildings will not come together.Please can you suggest the ways to get the conveyance from the developer.
Non-AGM attendance fees can be charged from a member of co-operative housing society ?
our society in Kalna is over 50 years old and it does not have conveyance deed title on the society’s name. The land owner is dead and is wife is not traceable. The society wants to go in for redevelopment and the builder claims he can get the conveyance deed done but is refusing to put the clause in the redevelopment agreement stating that he will transfer the conveyance deed in the society’s name before the demolishment of the building. How can we go about getting the conveyance done on our own and the address for getting it done?
Dear Sir, I am the chairman of a housing society and would want to meet you in person, regarding the issuance of conveyance.
Pls let me know at the earliest.
Thank you. Ashish.
our builder is hesitating in giving conveyance and our society is registed a year back. we would like to go for deemed conveyance. please let us know the following:
1. neares registrar office in dahisar who can give us deemed conveyance 2. do we need to pay stamp duty for deemed conveyance which is otherwise would have been paid by the builder 3. documents required to get the deemed conveyance.
Sir,
there are few problems regarding our society.
1) Our society is an redevlopment project but builder has resgistered in bmc as new construction project because of that our property tax is high app 3.5RS/sqft. wht should we do to reduce that? 2) builder is not conveying the land on society’s name and alwys postponding the issue whnever we met them. we want to take legal action against him please tell us wht are the steps.( there are 65 members in society and 75./. have registered their flats)
please guide us
thank you
hello sir i am staying a vile parle my society is 25 year old but now new builder for coming to the redevelopment if building we dont have the convence the convence is now with first pragati builders
and he is demanding to the new builder 8 cr .rupees sowe want to decide the de convence but what is the procedure about the de convence and which papers are required to the society for demanding the de convence
sir, I book a flat at pune , i paid all amount i got position but bulder insist make conveyance deed what action taken
sir our building is 25yrs old situated in dombivli our building is co-op hsg soc.ltd.but our building is not yet conveyanced, also if a member wants to sell his flat will this nonconveyance cause a problem??do we need to have the map of the building for getting conveyanced also pls let me know the charges for getting conveyanced..
Waiting for your reply sir..
Regards
Priya.S
Our society is registered 2 years. But conveyance deed is not done by the builder. Society has completed submitted most of the documents. Still work remains in pending as one of the flat is not registered. This is a mistake of builder and he is not taking the things seriously. Please guide us on this issue.
Sir, Our building is constructed in 1984/85 under ULC project at Borivali. Developer has constructed 37 building on same plot. Developer how have rights of conveyance is ready to sign the conveyance deed of my society. Society has done adjudication for plot valuation which is equal to constructed area. Now developer is demanding Rs.5 lac. For open space which is part of construction area. Developer is agree for plinth and appertain land which is half of construction area. Please guide us which area will mention on conveyance deed and if the constructed area is equals to plot area is it binding to society to pay developer.
Sir I stay in a 30years old building and now the condition of the building is dilapidated, sir we have complex of nearly 45 building and nearly 800 flats and all the buildings are of the same age and in a very bad condition they can collape at any time infact one of the buildings roof has collaped and now the building is sealed by the muncipality, we are afread that the other building should not go through the same condition, sir we the resident of the complex have formed a “Rahivashi sangh” to deal with all the issues of redevelopment, sir the first thing we have to do is to take the conveyance from the builder, sir pls give me some information that how can we get the conveyance from the builder and what after he denies to give, sir i would be happy if you give me as more as information about the redevelopment issues.
Sir I stay in a 30years old building at mira road and now the condition of the building is dilapidated, sir we have complex of nearly 45 building and nearly 800 flats and all the buildings are of the same age and in a very bad condition they can collape at any time infact one of the buildings roof has collaped and now the building is sealed by the muncipality, we are afread that the other building should not go through the same condition, sir we the resident of the complex have formed a “Rahivashi sangh” to deal with all the issues of redevelopment, sir the first thing we have to do is to take the conveyance from the builder, sir pls give me some information that how can we get the conveyance from the builder and what after he denies to give, sir i would be happy if you give me as more as information about the redevelopment issues.
What is the time peiod for execution of conveyance deed. Is there any penalty for late execution?
Sir, My grandfather was the owner of the land as well as developer of a building at Marol Andheri East at around 1978. He expired in 2004. Till date the conveyance of the property has not been done in the favor of society as till date in 7/12 extract it reflects name of my grandfather. After death of my grandfather, my mother and two brothers are the legal heirs of the said property. A few days back we received a letter from society stating that they want conveyance of the land and that all the costs to be beared by us. In such case can we the legal heirs give conveyance to another third party for development rights. Sir, i would be very happy if you would help guide us in this situtation.
I would like to have a consultant /CA contact nos. who can help us to know how can we charge back amount required for convenyance to members. How do split convenyance charges it between commercial and residential units? what is standard way of charging it back …..is it no. of unit based or sqr ft basis?
If any one has details around the same then please respond back.
– Manu Bhai
my previous conveyance deed is losted i only have its satisfy copy so is there any procedure by which i can issue its duplicate or new one????
in our society one flat name of chetan B.patil and he give his flat from gift deed to his brother in law ,his brother in law said society to transfer share certi ficate to his name what society took decision and how to charge ammount
1. We have registered housing society in Nasik with 36 flats & 14 shops.
2. Agreement to sale was completed for 36 flats & 7shops. But 7shops yet to be unsold.
3. Now we want to go for conveyance deed.
4. As per the advocate opinion if unsold shops ‘ stamp duty is not paid so in that condition conveyance deed will not be registered.
5. Whether is it necessary to pay all stamp duty to the government?
6. So in that situation what are the possibilities to registration of Conveyance deed?
Kindly suggest your opinion regarding above points.
Regards,
Shirish P. Kothari,
Secretary,
Ashoka Gardens, Gurudwara Road,
Kalika, Nasik
respected sir,i have my property in parle east,it is a disputed property,so we thought of selling it to builder so that he can pay amount to us & take all our legal illegal cases ,which we have to fight ,but instead the builder is not paying the amount to us & still we are fighting with that disputed property.how can we cancel his conveyance deed?
Our society is registered but not conveyed, The building was of Fatima Church (trust porperty), initially given to teachers as Quarters and then given it in ownership. The names of Fatima trust is still in property card. since building is very old and wants to go for redevelopment. What shoudl we do ? can anybody help?
our society is under charitable trust, society is formed in 2004 by our builder cum trustees and from 7 years we are asking for document as the property has 60 tents from existing place and 92 are sale flats total of 152 units, now the builder / trustee is giving us 99 years lease agreement draft copy so we are confused as the 60 tents having the the transfer agreement and 92 are having lease agreement. request you to suggest what to do in the above case, thanks
Mustafa Y Gom
I am staying in Dahisar (east) in New ashish CHS ltd, last 21 years but society want to redeveloping building but their is no conveyance certificate with secretary of society. would you give me guide line to get conveyance certificate from which department. what is the processed for it
Sir, Our society is 30years old and we do not have any conveyance as the conveyance has not been transferred by the vesdors to the builder despite the builder having paid allthe monies to the vendors as pr the sale deed by way os allocating them flats in the socinty aswell as payment of monies . Now one of the vendors is mentioning to all society members that in case of any nishap to the socisty the members will be on the roads as the land belongs to the vendors. two of the heirs of themembers though staying in the society are not members of the society and have been allowed to remain so as per court orders.
Dear Mr. Surendram Nair — As per the guide lines published on 10-3-2010 by the Hon’ble
Commissioner of Co-op. Maharashtra State, Poona, the GB can pass the resolution about amount of fine to levied on member for not attending any AGM /GBM/Special GBM and then the member who does not attend the meeting canb be fined accordingly. —
–
–Dr. M. D. Patil
Hi,
I live in Dombivli and our society has decided to get conveyance done. However there are some issues on which we need clarity. 1) We have 2 unsold flats and 4 unsold shops in our society, can we go for conveyance if builder agrees to pay stamp duty for the unsold units? 2) How is the actual tax payable decided for conveyance? Is it on basis of value of flats or mkt value of land? 3) What are the documents required for getting conveyance deed executed? 4) Is there any website which can give us a complete guidance on how to execute conveyance?
Thanks.
sir,
land owner not willing to to deed of conveyance.we have approached to him several times but he comes out with one reply he will do when he wants.
he has also laid the mobile towers on building and charging them 50k/month and not giving single pie to society.
pl.help
Hi,
I live in Airoli navimumbai,In our case builder has purchased a cidco tender plot,but builder has not pay stamp duty of plot and even not registed,Builder has developed that land and sell all flat,Now society is formed,now we want to do conveyance deed,now builder is not ready to pay pending amount of land stamp duty.now society has to pay that amount ,please tell me tha procedure..
what action can a society take when a builder refuse to make a conveyence deed in favour of society
Sir, Builder has not given conveyance. Members are interested in redevelopment but due to conveyance it is difficult for another builder to do so.
My question is
1. What can be done in such a situation?
2. Is it justified if the owner of the land asks for compensation to do the conveyance ?
Dear Sir, I seek your advice. I have recently bought Flat in Thane, wherein 3 Buildings are shown in the Plan. Among the 3 Buildings 2 are ready (build by the Developer) and third one is under construction (to be build by 3rd person i.e owner of land in whose name the land ttile rest) . The Developer is asking following declaration from the Societies to handover the society charge along with all the documents (in phot copies) to the society which he registered as follows .i.e “WE ARE ALSO AWARE AND CONFIRM THAT WE HAVE NO RIGHT, TITLE WHATSOEVER IN RESPECT OF THE LAND, COMMON AREAS, OPEN SPACES, RECREATION GARDEN ETC., AND THE SAME WILL REMAIN TO BE YOUR PROPERTY”.
I would like to know, if at later state even after completion on third Building, the Developer suppose refuse to transfer the Conveyance deed in favour of the society. At such stage can we apply for the Conveyance deed transfer to the Soceity through Registerar or court of law.? Will the above Declaration given by the Society will become an obstacle ? Pl advice.Regards Thanks NELSON FERNANDES
Dear Sir, Where do I get to know what price should I give to get the conveyance deed from the land lord. Please help
Hi, The conveyance deed is an agreement between society and the builder. Our society has done conveyance deed with teh builder and some of the members are asking us (the managing committee) a copy of the conveyance deed. is it required to give a copy of this valuable document to them or should it be kept in the society office / custody for reference for the share holders?
Thanks.
sir we have still not got conveyance its been 20 yrs and now we want to redevelop my society and builder is saying if we want conveyance give redevelopment contract to him. what we can do can any 1 give any sugessions
please let me know the position of conveyance has been registered with muncipal or not. our property at city syrvey no 59, indralok cooperative housing society at old nagardas road, gundavalli village, andheri (east),mumbai-400069
Respected sir ,
I stays in Goa
1>our building form 2 years before and 7 members of us who stays in building want to form society , we had sent register AD to our contractor for it but he refuse to take that letter then how to form society
2>Now He kept labors in room which made for to keep building material then How to remove them?
3> His relative stays in Illegally in Vacant flat whose tax no 1 is paying and took Illegal electricity connection , they r throwing Garbage on our road , my question is how to remove them
Sir,
I have purchase a Flat from a Builder. he has done the E-Stamp duty for this flat. In First Party there is name of Builder and in Second Party there is my name. Builder is not doing my registration. So I wanted to know what does this e-stamping means does the flat partly belong to me. how much value this e-stamping has, it around 5 month my registration is pending.
Thanks.
Dear Sir, Our 60 year’s old society wishing to go for redevelopment has lost title deed/ conveyance documents. It’s possible that some member of managing committee has hidden it for evil intentions. Let us know best way to recover either a duplicate or new copy of these documents .What will be the cost and duration of this exercise? Secondly is it possible for a former secretary to sell FSI of the society clandestinely to make money illegally? If yes, how to find if the FSI has been sold and what FSI is available the society?
Thanks in advance, Shrikant
We stay in Kharghar in a 12 floor building, The Society for the building is already in place. The Builder we understand is ready to hand over the land to the Society.
We approched a Lawyer as instructed by the builder, the builder states that the transfer charges will be as follows:-
The land is 652.10 sq.meter-
CIDCO Charges for the transfer Rs.400,000
Other Charges Rs.300,000 to 400,000
Is this amount any way correct ??
Thanks
It depends on the zones and CIDCO’s fee. Put one RTI application to CIDCO and ask for charges.
We are the owners of land in Mumbai which has been given on long lease to a Housing Society. Now one of the buildings has got into an agreement with a builder for reconstruction without any information to the Lessors. One of the clauses of the redevelopment agreement is that the Society members should take conveyance of the land from the Lessors. The Society members approached us for the Conveyance to which we have agreed. However the guidance value as per the ready reckoner is high which the Society is not willing to pay.
In the mean time the Builder has gone ahead with the redevelopment. I would like to know the following:
1. What are the rights of the lessors in such a case.
2. Does the society / Builder have to get into an agreement with the lessors for additional ground
rent at the present rate for the reconstructed building as he is building additional floors for sale.
3. In the event of the FSI being increased in the area as against the FSI when the lease was signed
and the original building constructed. Does that additional FSI rest with the Lessors or the
Lessees / Builder to do with it as they please or do they have to buy the additional FSI from the
Lessors.
Your early reply would be appreciated.
dear sir
My question is regarding
conveyance deed where our builder has not yet paid stamp duty registration amount of developer agreement which was between builder and landowner due to this society is unable to complete conveyance deed procedure and now builder refuse to pay his dues to govt please advice for the same
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.
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,
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.
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
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.
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.
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.
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/.
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.
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.
Pl pay requisite fee to Building approval plan department of your ward, they will survey and make it a new authorised plan.
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….
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 ?
Yes singlw conveyance for both. Or sub division is possible with common areas having common ownership.
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.
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
As a builder i want to give conveyance to society but one of the land owner is refusing to sign. so now what can i do. pls. suggest
Only the owner of can convey the title. Refer to agreement where he has granted you to built.