Irregularities in conveyance deed and 9-12 extract
4 weeks ago
Need Guidance for the below matter
Our building is 45 years old located in Mumbai has last year gone for redevelopment, but now the builder has approached our Society stating following:-
1) Property card is under different name of the society as per mutation dated 19-01-2023. The said mutation was made by the original land owner ( Builder) on 19-12-2022. ( The mutation of the property is in the name of 3rx party)
2) We have got the deemed conveyance but now there is irregularities in Conveyance as half of the area falls under different name ( say X) and another half falls under different name ( say Y) . We have got the deemed conveyance of X but the same Conveyance is not valid in Y.
3) Our building is registered under “ RERA”
So what needs to be done and what are the cost implications.
A.Dear Client,
A conveyance or deemed conveyance is a vital legal document ensuring property ownership, applicable to all types of land, with or without structures. Under the Maharashtra Co-operative Societies Act, 1960, builders must execute conveyance deeds within four months of society formation, failing which they violate the law, causing a deficiency in service. The society, as the real owner, benefits from any additional Floor Space Index (FSI). The Bombay High Court has affirmed conveyance as the ownership right to both building and plot. If developers fail to provide conveyance, societies can pursue deemed conveyance through competent authorities. Affected buyers or societies should file complaints under Sec. 35 of the Consumer Protection Act, 2019, within two years of continuous breach, seeking compensation and conveyance deed execution. For RERA-approved projects, buyers can seek redressal for deviations or deficiencies under Sec. 31 of the Real Estate (Regulatory and Development) Act, 2016, after serving a legal notice. Simultaneous complaints cannot be filed in both Consumer Court and RERA for the same cause of action.
A conveyance or deemed conveyance is a vital legal document ensuring property ownership, applicable to all types of land, with or without structures. Under the Maharashtra Co-operative Societies Act, 1960, builders must execute conveyance deeds within four months of society formation, failing which they violate the law, causing a deficiency in service. The society, as the real owner, benefits from any additional Floor Space Index (FSI). The Bombay High Court has affirmed conveyance as the ownership right to both building and plot. If developers fail to provide conveyance, societies can pursue deemed conveyance through competent authorities. Affected buyers or societies should file complaints under Sec. 35 of the Consumer Protection Act, 2019, within two years of continuous breach, seeking compensation and conveyance deed execution. For RERA-approved projects, buyers can seek redressal for deviations or deficiencies under Sec. 31 of the Real Estate (Regulatory and Development) Act, 2016, after serving a legal notice. Simultaneous complaints cannot be filed in both Consumer Court and RERA for the same cause of action.
Helpful
Helpful
Share
A.Dear Client,
A conveyance or deemed conveyance is an important and legal document that ensures ownership of the property regardless of its nature or class that may be bare land with or without structure. When a society is registered under 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 conveyance deed has to be executed within four months of the formation of the Society and in case any additional FSI(Floor Space Index) is available, its benefit accrues to the society which is the real owner of the land/building. 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. So, in the prevailing situation, all the affected buyers or the society needs to file a complaint on the ground of continued cause of action against the Builder under Sec.35 of the Consumer Protection Act, 2019 before the concerned Dist./State Consumer Commission, as the case may be, over alleged deficiency in service and unfair trade practices for an appropriate direction to the Builder for execution of deed of conveyance claiming a hefty amount of compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date the Builder continuously failed to execute the deed of conveyance. When the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer, then serving a legal notice, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and real estate cases for guidance and steps to resolve the irregularities cited by the Builder and navigate the issues in the right way.
A conveyance or deemed conveyance is an important and legal document that ensures ownership of the property regardless of its nature or class that may be bare land with or without structure. When a society is registered under 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 conveyance deed has to be executed within four months of the formation of the Society and in case any additional FSI(Floor Space Index) is available, its benefit accrues to the society which is the real owner of the land/building. 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. So, in the prevailing situation, all the affected buyers or the society needs to file a complaint on the ground of continued cause of action against the Builder under Sec.35 of the Consumer Protection Act, 2019 before the concerned Dist./State Consumer Commission, as the case may be, over alleged deficiency in service and unfair trade practices for an appropriate direction to the Builder for execution of deed of conveyance claiming a hefty amount of compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action, i.e, from the date the Builder continuously failed to execute the deed of conveyance. When the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer, then serving a legal notice, file a complaint individually or collectively with other buyers who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Reach out to an experienced Advocate handling Consumer cases and real estate cases for guidance and steps to resolve the irregularities cited by the Builder and navigate the issues in the right way.
Helpful
Helpful
Share
Read Related Answers
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Right over mother's ancestral property
Dear Sir,
You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
