Deemed conveyance: Who is responsible, CHS or the builder?

To avoid problems like Campa Cola later on, home buyers and cooperative societies must ensure that the issue of conveyance deed is sorted so that the CHS becomes title holder of the society land

In the final piece in the run up to Vinod Sampat event to be held on 23 November 2013 in Mumbai, Mr Sampat talks about one of the most pressing issues that home buyers, cooperative societies and apartment owners face today: conveyance deed or deemed conveyance. To avoid major problems later on, or to avoid problems such as Campa Cola compound residents, you will need to first resolve the issue of becoming legal title holder of the land through conveyance deed or deemed conveyance. In the Campa Cola compound case, since the builder constructed illegal floors, it never handed over the land of the plot to the Society (deemed conveyance) as mandated under the laws.

 

Whose responsibility is it to convey the title?

As per the provisions of section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organisation of persons who had bought the flat (i.e. cooperative society, CHS, home buyer, apartment owner, etc). The Conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).

 

The buyer after forming a cooperative society (or CHS) also can approach the competent authority for obtaining a unilateral deemed conveyance in favour of the legal entity i.e. cooperative society, CHS, apartment or a company.

 

The competent authority on receiving such application shall within reasonable time but in any case, not later than six months after making such enquiries as deemed necessary, after verifying authenticity of the document submitted, after giving the promoter reasonable opportunity for being heard, shall issue a certificate to the sub-registrar or any other appropriate registration authority under The Registration Act, 1908. This certifies that there is a fit case for enforcing unilateral execution of Conveyance Deed, conveying the right title and interest of the promoters in the land and building in favour of the applicant as Deemed Conveyance.

 

Submissions made by the cooperative society or apartment owner to the sub-registrar shall, (or the appropriate registering authority), on the basis of the certificate issued by the competent authority, along with the unilateral instrument of conveyance, notwithstanding anything contained in The Registration Act, 1908, issue summons to the promoters as to why unilateral instrument should not be registered as Deemed Conveyance.

 

After giving the promoter reasonable opportunity of being heard, after being satisfied that is a fit case for unilateral conveyance, (the competent authority or sub-registrar) shall register instrument as deemed conveyance.

 

Deemed conveyance in our view is doomed conveyance
 

You should approach consumer forum where you can get the property card transferred directly besides daily compensation for not getting building completion certificate. In Environ Emmanual CHS Ltd, an order was passed in 128 days by consumer forum. However, normally it takes one to two years. Interim order may be passed in about four hearings.
 

“Speed money” in deemed conveyance is an open secret ALLEGED by one MP. Despite political will, a small percentage of the societies have got deemed conveyance order. Irrespective of the claim of authorities not even 25 societies, in our view, have got the property card transferred in their name till date.
 

Other conveyance-related issues covered by Moneylife in the past can be accessed below:

Many housing societies are keen for redevelopment but they cannot go for redevelopment for want of conveyance. Advocate KK Ramani, an expert on realty issues, spoke recently at a Moneylife Foundation seminar, explained the intricacies of the laws governing housing societies. Check out the entire write up here:
 

The video of the KK Ramani’s Deemed Conveyance seminar event can be accessed here:
 

New Housing Bill in Maharashtra: How builders gain and customers lose
 

Previous parts can be accessed below:

 

Check the first part over here

Check the second part here

Check the third part here

Check the fourth part here

 

 

NOTE:
Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

 

(Adv Vinod Sampat is a practising lawyer since past 28 years. He has authored several articles on property-related matters and written 46 books on cooperative societies, transfer of flats, recovery of dues, registration and stamp duty matters. He has been an Hon. Patron member of the Estate Agents Association of India. He is also the Hon. Advisor of the Federation of Accommodation Industry of India and is an advisor to the Maharashtra Chamber of Housing Industry as well as the Federation of Accommodation Industry in India, apart from being part of many committees and winning several honours.)

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COMMENTS

Reshma Nair

5 years ago

Hello Sir,

I am Reshma Nair living in Bhayandar east, KamadhenuC.H.S. I have my own flat which is located in 1st floor, we have an extra space outside the living room(like a open terrace)which can be access thru the living room if we break the wall. So i want to know whether i can take that open space for use what are the legal formalities in order to claim that space.

(our society consist of 100 flats and 30 shops. Society has decided to get conveyance deemed from the builder and for that each house owner has to pay RS.2700 towards that.)

So please reply considering the above situation as well.


Thank You,
Reshma Nair
9821844369
[email protected]

REPLY

Vishrut Patel

In Reply to Reshma Nair 5 years ago

Please send a brief synopsis of your issues to be discussed through Moneylife Foundation's Legal Resource Centre.

Click here: http://moneylife.in/lrc.html for free information, advice and preliminary guidance on your queries.

US SEC gets 18 whistleblower tip-offs from India

Under the whistleblower programme, in case a tip-off results in monetary sanctions of over $1 million, individuals concerned can get 10-30% of the sanctions collected

US Securities and Exchange Commission (SEC) has received as many as 18 whistleblower tip-offs from India during the 12-months to end-September. These tips were provided to the SEC for probing into various market related irregularities. UK topped the charts with 66 such tip-offs to SEC.

 

Overall, the SEC received more than 400 whistleblower tip-offs from various countries during the financial year 2013 (October 12-September 13).

 

The UK is followed by Canada at the second place with 62 tip-offs on instances of possible wrongdoings, China at 52, Russia at 20, India and Ireland 18 each and Australia at 15.

 

The annual report is prepared by the SEC staff as part of the US government whistleblower programme. The programme allows individuals to provide information on possible violations of securities regulation, without revealing their identity.

 

The regulator received 557 tip-offs related to corporate disclosures and financial reports, 553 on fraud, 525 information on manipulation and 196 concerning to insider trading, it said.

 

“Since the beginning of the whistleblower programme, the Commission has received whistleblower tip-offs from individuals in 68 countries outside the US. In fiscal year 2013 alone, the Commission received submissions from individuals in 55 foreign countries,” the report said.

 

Among other countries, SEC got 8 tip-offs each from Switzerland and Italy, seven from France, four from Singapore and one from Malaysia.

 

Besides, the number of tip-offs and complaints received by the US regulator increased to 3,238 in the fiscal year 2013 from the preceding fiscal.

 

Under the programme, in case a tip-off results in monetary sanctions of over $1 million, individuals concerned can get 10-30% of the sanctions collected.

 

The regulator paid over $14 million in awards during the year, the report added.

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COMMENTS

Dilipkumar Rath

2 years ago

can i found a police complain for misappropriation of societies funds.

nagesh kini

5 years ago

Our Regulators are quick to ape all sorts of Western practices that only seem convenient to themselves.
SEBI, IRDA, RBI, among others, ought to put similar complaints in public domain. Surely they must have been receiving many of them, but shoving them under the carpet as they are unpalatable.
There has to be disclosure on the breakup, disposals and pending.

ramchandran

5 years ago

Great initiative by SEC . Hope India also gets SEBI to do this , provided it has the intent & the perseverance like SEC showed in the Raj Rathnam case

Tehelka issue: Goa police file FIR against Tarun Tejpal

Goa police had filed an FIR against Tehelka editor Tarun Tejpal and said it would press rape charges against him, if the complaint of the girl is substantiated

Goa police on Friday filed a first information report (FIR) against Tarun Tejpal, the editor of Tehelka magazine for alleged sexual harassment of a woman colleague about 10 days ago in the state.

 

OP Mishra, deputy inspector general of police had said the FIR has been filed, while DGP Kishan Kumar said that the crime branch could send a team of officials to Delhi for further investigation.

 

Yesterday, Goa chief minister Manohar Parrikar had ordered a preliminary inquiry into the allegations by the girl that she was sexually abused by Tejpal during an event in Goa.

 

The DIG said the CCTV footage was received from the five-star hotel last evening and was preserved and details of the incident can only be known after examining the footage.

 

Police have already written to the Tehelka management, asking for the documents, including e-mail of the victim and the statement by Tejpal. “We will go through all the details. We will press rape charges against him, if the complaint of the girl is substantiated,” Mishra said.

 

Goa Chief Minister Manohar Parrikar said attempt to rape charges have been pressed in the FIR against Tejpal. “I am yet to see the FIR copy. What I know is they have pressed attempt to rape charge (against Tejpal),” he told PTI.

 

He said that the police have the complete authority to investigate the sexual assault case against Tejpal and they should not worry about the stature of the person involved.

 

Meahwhile, the union ministry of home affairs (MHA) has asked the Goa authorities to send a status report on the action taken by the police in the case relating to the alleged assault in a luxurious hotel about ten days ago.

The ministry has also asked the state government to give details about the sequence of events which took place during a literary function organised by Tehelka at the tourist hot spot.

 

Tejpal is a founder member of the Tehelka magazine.

 

On Thursday night, Tejpal in a letter to Tehelka's managing editor Shoma Chaudhary, said, “The last few days have been most testing, and I squarely take the blame for this.... A bad lapse of judgment, an awful misreading of the situation has led to an unfortunate incident that rails against all we believe in and fight for.”

 

Tejpal also announced that he was “recusing” from his job for six months after an email by the woman journalist of his magazine alleging sexual assault on her by him was made public.

 

The woman journalist had complained to Chaudhury that Tejpal had twice pulled her into a lift in a hotel in Goa about 10 days back during an event organised by the magazine. She is now said to be seeking constitution of a committee by the magazine to go into the issue and take action.

 

Chaudhury while talking with reporters on Friday said that she has acted in a way contrary to what has been appearing in the media. “The truth is and I will be speaking out in great detail about this, the truth is the moment I got this complaint, (which) has not been for many days but actually only on Monday this week, I acted absolutely wholly and solely driven by my desire to address the aggrieved journalist’s sense of injury and to act in her interest,” she said.

 

She said that the journalist had complained to her on Monday and the unconditional apology was extended to her on Tuesday.

User

COMMENTS

MOHAN

5 years ago

Really shocking> !!!

Tarun Tejpal sexual assault: Read Tehelka victim's account

http://www.financialexpress.com/news/tar...

REPLY

MOHAN

In Reply to MOHAN 5 years ago

Who owns Tehelka?

Closer look at Tehelka throws up more questions than answers

http://www.hindustantimes.com/india-news...

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