Builder not give sale deed but society have deemed Conyence deed
3 months ago
I bought flat in 2010 from builder and living there from 2011. Society formed in 2013 and had done deemed conyence in 2015 and added Society name on 7/12. I had took home loan at that time and done all payments. I have all payment receipts, Municipal tax receipts also have share certificate of society. Still do i need sale deed as builder has not given at that time
A.Dear Client,
While you may not have a traditional sale deed from the builder, the deemed conveyance and the addition of the society's name on the 7/12 extract are crucial documents establishing your ownership rights. Additionally, having payment receipts, municipal tax receipts, and a share certificate from the society further solidifies your claim to the property. These documents collectively serve as evidence of your ownership.
However, it's advisable to ensure that all necessary legal formalities have been completed. If the society has been legally formed, and your ownership is duly recorded in the society's records, you should be in a secure position. It's recommended to consult with a legal professional or approach the society's management to confirm that all relevant documents and processes are in order for your property. This additional step will provide you with peace of mind regarding the legal status and ownership of your flat.
Thankyou
While you may not have a traditional sale deed from the builder, the deemed conveyance and the addition of the society's name on the 7/12 extract are crucial documents establishing your ownership rights. Additionally, having payment receipts, municipal tax receipts, and a share certificate from the society further solidifies your claim to the property. These documents collectively serve as evidence of your ownership.
However, it's advisable to ensure that all necessary legal formalities have been completed. If the society has been legally formed, and your ownership is duly recorded in the society's records, you should be in a secure position. It's recommended to consult with a legal professional or approach the society's management to confirm that all relevant documents and processes are in order for your property. This additional step will provide you with peace of mind regarding the legal status and ownership of your flat.
Thankyou
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A.Dear Client,
From the contents of the query, it is not clear about the state-specific Act/rules under which the society is registered because state-specific Acts vary from state to state. However, if the society is registered under the Maharashtra Ownership Flats Act (MOFA) or the Maharashtra Co-operative Societies Act, 1960, then the law casts a duty on a builder to execute the conveyance deed within four months of the formation of the society irrespective of the class or nature of the land. As this has not been done, the builder is guilty of violating the law and there is a deficiency in the service rendered by him. The Society was formed in 2013 and in the absence of a Deed of Conveyance from Builder, they registered a deemed deed of Conveyance in 2015 and the status remain the same up till now. Even after the lapse of 10 years of the formation of society, builders failed to execute conveyance deeds in favor of society with ulterior motives to delay or withhold conveyance to take advantage of any subsequent increase in FSI(Floor Space Index), which is not legally permissible. The conveyance deed has to be executed within four months of the formation of the Society and in case any additional FSI is available, its benefit accrues to the society which is the real owner of the land. In this context, the decision of the Consumer Forum of Mumbai Suburban District passed in the case of Mamta - D Cooperative Housing Society Vrs. Gundecha Builders may be referred. Thus the action on the part of the Builder amounted to a deficiency in service and unfair trade practice. In a judgment passed in the year 2019, the Bombay High Court ruled that Conveyance is the ownership right to the building and the plot on which the structure is built. Deemed conveyance is the one obtained through the competent authority if the developer doesn’t give it. A housing society can apply for deemed conveyance if the developer fails to do so within a stipulated time period. So, in the prevailing situation, the society needs to file a complaint against the Builder under Sec.35 of the Consumer Protection Act, 2019 before the concerned Dist. Consumer Commission over alleged deficiency in service and unfair trade practices for an appropriate direction to the Builder claiming a hefty amount of compensation for harassment.
From the contents of the query, it is not clear about the state-specific Act/rules under which the society is registered because state-specific Acts vary from state to state. However, if the society is registered under the Maharashtra Ownership Flats Act (MOFA) or the Maharashtra Co-operative Societies Act, 1960, then the law casts a duty on a builder to execute the conveyance deed within four months of the formation of the society irrespective of the class or nature of the land. As this has not been done, the builder is guilty of violating the law and there is a deficiency in the service rendered by him. The Society was formed in 2013 and in the absence of a Deed of Conveyance from Builder, they registered a deemed deed of Conveyance in 2015 and the status remain the same up till now. Even after the lapse of 10 years of the formation of society, builders failed to execute conveyance deeds in favor of society with ulterior motives to delay or withhold conveyance to take advantage of any subsequent increase in FSI(Floor Space Index), which is not legally permissible. The conveyance deed has to be executed within four months of the formation of the Society and in case any additional FSI is available, its benefit accrues to the society which is the real owner of the land. In this context, the decision of the Consumer Forum of Mumbai Suburban District passed in the case of Mamta - D Cooperative Housing Society Vrs. Gundecha Builders may be referred. Thus the action on the part of the Builder amounted to a deficiency in service and unfair trade practice. In a judgment passed in the year 2019, the Bombay High Court ruled that Conveyance is the ownership right to the building and the plot on which the structure is built. Deemed conveyance is the one obtained through the competent authority if the developer doesn’t give it. A housing society can apply for deemed conveyance if the developer fails to do so within a stipulated time period. So, in the prevailing situation, the society needs to file a complaint against the Builder under Sec.35 of the Consumer Protection Act, 2019 before the concerned Dist. Consumer Commission over alleged deficiency in service and unfair trade practices for an appropriate direction to the Builder claiming a hefty amount of compensation for harassment.
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