Deemed conveyance requires specific documents
We need to re-develop our society urgently, as it is in very bad condition. But people of the society still have doubts that the old builder won't allow the society to redevelop, and they are worried that the builder will get stay on the work. Can the builder get stay in this situation and what should the society do to avoid such a problem? We want to follow GR and as per GR proceed with fresh redevelopment. How do we fully terminate the old builder, so that all members and tenants are protected from any such situation? Do we have to go in any court to terminate the agreement? What are the procedures in such situation?
–Ravindra S Dhande
Before, you appoint any new developer; you have to legally terminate the old developer's agreement. Therefore, you have to proceed in the court now against the old developer appointed by the committee on the basis of termination notice issued by the new committee. You have to obtain the court order restraining the earlier developer not to enter into society building and then obtain the court direction to appoint a new developer. Only thereafter can you initiate the redevelopment process. Till the old developer's agreement is not properly terminated by obtaining the court order, it is not advisable to proceed to appoint any new developer. Till such time, you may have to carry out the major repairs as may be advised by the structural engineers to increase the life of old building.
I am a resident member of a cess paying registered co-operative housing society, which has gone in redevelopment process with a developer under 33(7) scheme. Ours is a private society. Our developer has already got the IOD & cc of the plot & we have already vacated our premises for demolition. Now due to some financial crisis I want to sell my resident flat, which I will receive in the new building and clear my finance problems. Our developer has no objection for it but he says that as per MHADA I cannot sell my property for next 10 years. Still the building is not complete amd we are staying in alternate accommodation on rent. Please advise.
–Laleet Shah
Basically, you were having tenanted cess premises. No person can mortgage or sell the tenanted premises without the permission of land owner. Under 33(7) of Development Control Rules, you are given ownership premises when the same is redeveloped with certain terms and conditions. One of the terms and conditions is that you cannot sell the new property for the next 10 years. In case, you get any buyer who is ready to wait for transfer to be effected after 10 years and till such time, the flat will continue in the society records and MHADA records in your name, you may execute the agreement. Such agreements are not legally valid. In case MHADA comes to know, both of you may lose the flats. Therefore, it is not advisable to sell the flat at this stage. For finance problems, you may have to explore other avenues.
I am a resident of Apurva Vaishali Co-op Housing Society, Borivali East, Mumbai. Our society has 10 flats [members], and came into existence in 1975. We, all the members of society, are eager to redevelop our building/property, but we have not yet received the conveyance certificate from builder. We only have property card in favour of original owner [not yet transferred in name of builder or society]. As per society's record, Building Completion Certificate [CC] was lost by the builders, and as of now we have one application by builder's architecture addressed to BMC to issue a duplicate certificate. Please advise us the procedure to get deemed conveyance.
–Kailashchandra
You have to issue a legal notice to the developer and the land owner to provide the conveyance within 15 days, failure of which will compel the society to move for deemed conveyance. You have to obtain all the latest certified documents of land (i. e. property card, 7/12 extract, village form No. 6, City Survey Plan, D. P Remark, N.A. Order, N.A. Tax paid receipt, old conveyance deed in the name of the owner, etc.) and then certified copies of building documents (like approved plan, IOD, commencement certificate, completion certificate, property tax payment bill, inspection extract of property tax, etc.) should be collected. Thereafter with the documents collected as noted above, society registration certificate, copies of all the stamp duty paid and registration receipt of all flats should be attached to the application for deemed conveyance in form VII and submit to the District Deputy Registrar.
We need to re-develop our society urgently, as it is in very bad condition. But people of the society still have doubts that the old builder won't allow the society to redevelop, and they are worried that the builder will get stay on the work. Can the builder get stay in this situation and what should the society do to avoid such a problem? We want to follow GR and as per GR proceed with fresh redevelopment. How do we fully terminate the old builder, so that all members and tenants are protected from any such situation? Do we have to go in any court to terminate the agreement? What are the procedures in such situation?
–Ravindra S Dhande
Before, you appoint any new developer; you have to legally terminate the old developer's agreement. Therefore, you have to proceed in the court now against the old developer appointed by the committee on the basis of termination notice issued by the new committee. You have to obtain the court order restraining the earlier developer not to enter into society building and then obtain the court direction to appoint a new developer. Only thereafter can you initiate the redevelopment process. Till the old developer's agreement is not properly terminated by obtaining the court order, it is not advisable to proceed to appoint any new developer. Till such time, you may have to carry out the major repairs as may be advised by the structural engineers to increase the life of old building.
I am a resident member of a cess paying registered co-operative housing society, which has gone in redevelopment process with a developer under 33(7) scheme. Ours is a private society. Our developer has already got the IOD & cc of the plot & we have already vacated our premises for demolition. Now due to some financial crisis I want to sell my resident flat, which I will receive in the new building and clear my finance problems. Our developer has no objection for it but he says that as per MHADA I cannot sell my property for next 10 years. Still the building is not complete amd we are staying in alternate accommodation on rent. Please advise.
–Laleet Shah
Basically, you were having tenanted cess premises. No person can mortgage or sell the tenanted premises without the permission of land owner. Under 33(7) of Development Control Rules, you are given ownership premises when the same is redeveloped with certain terms and conditions. One of the terms and conditions is that you cannot sell the new property for the next 10 years. In case, you get any buyer who is ready to wait for transfer to be effected after 10 years and till such time, the flat will continue in the society records and MHADA records in your name, you may execute the agreement. Such agreements are not legally valid. In case MHADA comes to know, both of you may lose the flats. Therefore, it is not advisable to sell the flat at this stage. For finance problems, you may have to explore other avenues.
I am a resident of Apurva Vaishali Co-op Housing Society, Borivali East, Mumbai. Our society has 10 flats [members], and came into existence in 1975. We, all the members of society, are eager to redevelop our building/property, but we have not yet received the conveyance certificate from builder. We only have property card in favour of original owner [not yet transferred in name of builder or society]. As per society's record, Building Completion Certificate [CC] was lost by the builders, and as of now we have one application by builder's architecture addressed to BMC to issue a duplicate certificate. Please advise us the procedure to get deemed conveyance.
–Kailashchandra
You have to issue a legal notice to the developer and the land owner to provide the conveyance within 15 days, failure of which will compel the society to move for deemed conveyance. You have to obtain all the latest certified documents of land (i. e. property card, 7/12 extract, village form No. 6, City Survey Plan, D. P Remark, N.A. Order, N.A. Tax paid receipt, old conveyance deed in the name of the owner, etc.) and then certified copies of building documents (like approved plan, IOD, commencement certificate, completion certificate, property tax payment bill, inspection extract of property tax, etc.) should be collected. Thereafter with the documents collected as noted above, society registration certificate, copies of all the stamp duty paid and registration receipt of all flats should be attached to the application for deemed conveyance in form VII and submit to the District Deputy Registrar.
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