Deemed Conveyance

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

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1. What is the definition of promoter?

Ans: Section 2(c) of the Maharashtra Flat Ownership Rights Act 1970 explicit the definition of the Promoter, Promoter means partnership society, board or federation of persons whether it is registered or not The objective of this board or federation is to construct building, galas or flat or rooms and to sell it entirety or party to individuals, company Co-operative society or to the federation of individuals. It also includes individuals prescribed by him. Hear the individual build the building and individual. Who sell it may be different. In this both are included. Hear it is not necessary that the builder a owner of the land.

2. Which are the papers of property?

Ans: Papers regarding property. 1. 7/12 extract. 2 . Town plans six. 3 . Property card. 4 . Summary of all agreements. 5 . Receipts of stamp duty and registration. 6 .

3. Is there any format for conveyance which documents required?

Ans: 1. Court fee Stamp Duty of Rs. 2000/
2 . Resolution moved for making the authorized person.
3. True copy of the Registration. Certificate or Deed of Declaration
4. 7/12 extract or Deed Property card.
5. True copy of the sell agreement of the one of the purchasers executed with developer.
6. Index II of all flat owners and list in prescribed format
7. A copy of the development agreement between original owner and Developer.
8. A copy of the notice regarding making conveyance issued to the Respondent by the applicant.
9. Search Report of the land.
10. Non-agricultural order of the land.
11. Order regarding land sealing.
12. A Copy of the approved construction Plan.
13. Occupation letter/ the construction is as per approved plan of the recognized architect. Certificate showing total number of galas and area of the land.
14. Power of Attorney letter.

4. What are the benefits of the conveyance?

Ans: The society can get benefit of increased carpet area and T.D.R

1. If the government at some time take position of the property for extending width of the road or decreasing width of the road then the owner get reasonable compensation of it.

2 . If the society decide to erect mobile tower or advertisement display board on the tower of the society then the society can get more income.

5. Society is registered however, the builder has not made conveyance then can the society make conveyance with the help of court?

Ans: It is obligatory on Promoter/ builder to make conveyance of the land & building in the name of the society within 4 months of the date of registration of society under the provision in section 11 of the Maharashtra Flat Ownership rights Act 1970. If builder fell to do this then the society can make an application for deemed conveyance.

6. When galas are with original owner then what to do?

Ans: Then it is necessary that they have to register said galas stamp Duty paid by checking with the collection of Stamp Duty.

7. Is term law is applicable for Deemed Conveyance?

Ans: The term law is not applicable to deemed conveyance.

8. What Stamp government has taken for deemed Conveyance?

Ans: By constructing building and after selling flats in it then it is necessary that the builder should have to make registration of society, apartment or company as per company act for that building After making such registration, it is legally binding on the builder/ developer to transfer the entire land of that building, open space and total right on the building to such society by registered deeds. Its call conveyance. However at many places builders are not land is not categorized in the name of the society. Therefore the government by issuing ordinance on dt. 27-09-2010 and by making amendment in section 11 of the MOFA Act, has brought info force the rule regarding making conveyance in absent of the builder if he is not ready to do that.

9. Is it necessary to issue notice to original owner?

Ans: If original owner has given power of attorney regarding conveyance to the developer then it is not necessary to issue notice to the original owner. If power of attorney was not given and a developer was died then to issue notice is necessary.

10. If Some members of the society have not paid the Stamp Duty and the society wants to do conveyance then what to do?

Ans: In such situation the society should have to bring to the notice of the Register. This matter and similarly society have a right to issue bill to the member who had not paid stamp duty by moving resolution in the general body meeting. These all are apply to the transactions before 9/12/1985. Therefore many members by not paying stamp duty give their rights on the property to others. At such time the society should have to recover the stamp duty from the new member. The society can take action under section 101 of The Maharashtra Society Act 1960 against the member if he is not paying stamp duty.

11. Is it 100 percent necessary of Index II for deemed conveyance?

Ans: It is necessary to give evidence of stamp duty paid by all 100 percent flat owners for the conveyance deed you can give Index II, Stamp receipt, registered copy of the agreement for evidence. If Stamp Duty was not paid then it is necessary to paid it by making verification and by checking from the Collector of Stamp Duty about the Stamp Duty of that time when the flat was purchased.

12. Registration of society is completed but conveyance has not made then in such situation who gets the rights of the increased carpet area/ T.D.R ?

Ans: Once the society is registered then it is obligatory on builder to give all his rights and ownership rights in stipulated period under section 11 of the Maharashtra Flats Ownership Rights Act 1970. Builder has no right to make further construction after formation of society. Even though conveyance has not made, the benefit of increase carper area/ T.D.R. should be get to the society. In such situation if the increased carpet area is not getting then court action should have to be taken against builder.

13. Which are the rights of the competent Authority?

Ans: The State Government appoint the competent officer by government Gazette under sections 5 (A) of the Maharashtra Flats Ownership Rights Act 1970. These officer should not be less than District Dy. Register. These officers can exercise their power under section 5, 10 and 11 of the Maharashtra Flats Ownership Rights Act 1970 and can work accordingly. The government has appointed the District Dy. Registrar from Maharashtra as Competent officer by issuing circular dt. 25th February, 2011. Those wants to apply for deemed conveyance they may apply to their respective District Dy. Registrar.

14. Which matters are included in the conveyance deed?

Ans: Following matters are included in the conveyance deed. 1. Seller’s name and Address 2 . Purchaser Name and address. 3 . Name and address of the Builder/ Developer who work as a party permanently. 4 . Description of the Property in which area of the Plot, City survey number is included (In this the area of the plot mentioned should have to be tally with the area of the plot in property card.) 5 . Statement of amounts given by the flat purchaser. 6 . Receipts of the amount paid. 7 . Signs of all parties. 8 . Other papers of conveyance. 9 . Sequence of events regarding ownership of property since last some years.

15. Is conveyance of the Apartment made?

Ans: Under section 11, Conveyance of the apartment can made.

16. Whether the stamp duty on the office Premises kept by the builder in his own name is to be paid or not at the time of conveyance?

Ans: Is the conveyance of the Plot taken place if the builder has given mere understanding that stamp duty will be paid after its sell? As per rules builder should have to paid stamp duty on the office premises which he has kept in his own name while making conveyance.

17. What can be done if builder is not at his place, address is change, absconded?

Ans: By issuing notice on the address with are record, the period should be kept for 21 to 25 days during which the acknowledgement from post came. If the notice return without accepting and new address is not traceable after making enquiry then public notice should be issued from the news paper, As per law such notice is sufficient.

18. What to do for Conveyance?

Ans: If builder is died then the notice of conveyance should be given to the original land lord. For this new 7/12 extract or property card should be taken. The notice issued to all of them whose extract or property card should taken. The notice issued to all of them whose name appeared on this new 7/12 extract or property card.

19. What is the difference between regular conveyance and deemed conveyance?

Ans: In the regular conveyance builder/ developer and land owner themselves prepared conveyance documents and completed the registration process by submitting it before the Dy. Registrar and sign on it. In the deemed conveyance, the builder/ developer or land owner or their legal heirs did not extent any co-operation. Therefore the aggrieved society placed their side before the authorized officer. By hearing all parties, the concerned authorized officer issued suitable orders regarding conveyance. Deemed conveyance means total conveyance and therefore no question arised for any problem in it.

20. If a flat was sell two to there times then are all that documents required for conveyance?

Ans: No. Stamp Duty paid evidence of the last owner/ member is necessary.

21. Ten years lapsed in registration of society, however conveyance has not taken place and builder is not ready to make conveyance, What to do in such situation

Ans: The society can claim as owner after 12 years from the date of taking hostile possession. However the societies have to produce necessary evidence for it. Court order is required in that respect. This court order itself explicated the Deemed Conveyance has taken place, And that could be produce for registration. Stamp Duty should have to period on it by presuming the deemed conveyance took place after court order.

22. Is deemed conveyance can take place if the developer taken loan by creating liability on land and it was not repaid?

Ans: If there is liability then first upon all by filing cheating offence against the developer, it is necessary to recover the said amount. If transfer take place then it will take place with liability and it will be our responsibility to pay it.

23. How much Stamp Duty and Registration for Conveyance?

Ans: The stamp duty to be paid on the conveyance is depend upon increased carper area and T.D.R. It also depends on the proportion of stamp duty paid by every member for e.g If there are 15 flats in the society and 12 flat owners have paid stamp duty. Flats have sold out but not paid stamp duty then in such situation the stamp duty which is to be paid is paid up to the conveyance date on these 3 flats remaining increased carpet are the remaining T.D.R. not in used. At some time when the increased carpet are T.D.R. in not balance and all members have paid stamp duty then at the time of conveyance only Rs. 100/- stamp duty to be paid.

24. Why it is necessary to register the deeds?

Ans: Under Section 17 of the Registration Act 1908, it is obligatory to register the deeds. If that was not register under that section then it cannot be procedure in the court as evidence if some dispute arised in respect of the property. And it has not any legal recognition. Therefore it is necessary to register the deeds.

25. How much time limit is decided for doing Conveyance?

Ans: Under Section 11 of the Maharashtra Flats Ownership Rights Act 1963 and Section 9 of the Rule 1964 if there is no any mentioned of the time limit In the agreement then it necessary that the conveyance of the property should have to do within 4 months of formation of the co-operative society?

26. Which papers collected from builder?

Ans: Following papers are collected from builder.
1. Development agreement.
2. Death certificate of the deceased land owner.
3. Partnership agreement between partners.
4. Evidence of registering partnership agreement.
5. Conveyance agreement with builder.
6. Paper agreement (with previous owner and with builder.)
7. A will, copy of the authorized will(If the Development Agreement was signed by the legal heir).

27. Why it is necessary to paid proper Stamp duty?

Ans: If it is a seal of approval and it is treated as valid document And such document can be produced in the court as legal evidence if any dispute regarding property arised. It has also importance in view of law. Those documents on which stamp duty as not paid property those documents have to value in view of law.

28. Who do the Conveyance?

Ans: Under provisions of section 11 of the Maharashtra Flat Owners Act the builder/ developer/ Promoter should have to do the conveyance in the name of the co-operative housing society.

29. It Stamp Duty be paid for deemed Conveyance?
Ans: No. The deed is registered on nominal stamp paper. However it is necessary that all flat owners should have to paid total Stamp Duty on their agreement. It is necessary to verify it from the District Stamp Duty Officer.

30. Generally which complaint received against the builder?

Ans: Generally following complaints received against the builder.
1. Not giving occupation certificate
2 . Not giving electricity connection.
3. Not giving water connection.
4. Not giving building completion certificate.
5. Doing unauthorized construction.
6. Not forming society.
7. Not giving income expenditure.
8. Not doing conveyance.
9 . Not making property card in the name of the society.

31. What if some galas in the building are not sold by the builder and they are in his position?

Ans: Such galas may have with builder. While preparing list is recorded that these are with builder.

32. What can be done if the builder is land owner and he is not ready for registering the Apartment?

Ans: Under section 10 of MOFA Act. You can register co-operative housing society, without the co-operation of the land lord for it necessity of builder or land owner is not required.

33. How is the total process of the Conveyance?

Ans: First the proposal for conveyance in prescribed format and with all necessary documents should be submitted to the concerned office. After order is passed from their then the Deed of the conveyance should be made and get it check from the collector of stamp duty for stamp duty. Thereafter it can be registered in the office of the Dy. Registrar.

34. What action society should have to take against the builder if he has not provided facilities as per agreement?

Ans: If society deem fit, it should seek justice against the builder from consumer court.

35. Which individuals can make an application for making deemed conveyance in the name of co-operative society?

Ans: Under the Maharashtra Flat Ownership Rights Act 1970, the following individuals can make an application for conveyance of land and building.

1. Registered Society under the Maharashtra Co-operative Society Act 1960
2 . The Company registered under Company Act.
3. Federation form recently.
4. Any independent and individual flat owner.

36. If Promoter is not forming the Co-operative Society then what measures the flat owner to be adopted?

Ans: In such situation the flat owners should come together on their own and form the Co-operative society.

37. What are the reasons behind not doing consuming/ time for conveyance?

Ans: Some of the reasons behind not doing consuming time for conveyance are as follow: 1. Flats not sold. 2 . Necessary Stamp Duty on the Conveyance documents not paid by every member. 3 . No-Co-operation of land lord/ builder. 4 . Builder imposing responsibility on the flat owners for avoiding the payment of stamp duty 5 . Non-co-operation of members.

38. What is Deemed Conveyance?

Ans: To make conveyance of the land and building on it in the name of registered society or other statutory society after registration or within 4 months after formation is legally obligatory on Promoter (Builder/ Developer). Many Builder/ Developer not make conveyance of the land and building in the name of statutory society. Therefore the government has decided to make deemed conveyance in the name of statutory society by making ownership Rights Act 1963. According to these new provisions. Those statutory societies in whose name deemed conveyance has not been made within 4 months of formation, their conveyance is treated as in the name of the society, One special authorized officer for recording this conveyance in the record of the revenue department. After receiving the application from aggrieved society, this officer by hearing the concerned party, if deem proper will give order for making ownership conveyance in the name of applicant society and will issue deemed conveyance certificate in the name of the society there after appoint authorized officer for signing on that document behalf of the Promoter (Builder/ Developer) and land owner non cooperating for registration of conveyance documents. In this way transfer of Ownership rights on the land and building on it in the name of applicant society means deemed conveyance.

39. If there are some deficiencies or drawbacks in the construction work of the building then at what period the builder should have to complete it?

Ans: If there are some deficiencies or drawbacks in the construction work the builder/ Promoter should have to complete it within 3 years period from the date of passion under the Maharashtra Flat Ownership Rights Act 1963.

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