Legal Queries

Question:
Sir, our bldg is more than 8 years and we have CHS registered. But the Building owner everytime when our Society is asking to make conveyance in society's name just does not want to listen. He is a Sindhi man and says he has legal experts who advised him that Land is owner's property only Flat can be Flat buyer and Soceity's property. And additional FSI when Govt of Maharashtra will declare he says its his right hence Society should not ask for any additional favours from him and he has given us flats at very very cheap rates.

We want to know : 1- is it true that land belongs to builder?
2- Additional FSI if declared can he be the owner for that FSI?
Please advise. Thanking you. -- MT Chavhan, Chembur CHS, Mumbai, 400 071

Reply:
A conveyance deed is a document executed to transfer the title of land and building in favour of a society.

Under the MOFA 1963, a builder is required to convey the land and building within four months of formation to the Cooperative Housing Society (CHS) in the name of CHS.

Most of the Builders create hype that that even after selling all the flats in a building the building still remains property of builder. Whereas that is completely untrue.

The government of Maharashtra has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for deemed conveyance in favour of CHS. Under this provision, after the expiry of four months of formation of the CHS, the land and building is deemed to have been conveyed to the CHS.

An authority i.e. Deputy Registrar of Co-operative Societies has been designated to hear cases and execute deemed conveyance deeds in favour of the CHS. Thus now govt has finally taken steps and made it clear that any builder who refuses to give conveyance to the flat buyers or co-op housing societies within 4 months of handover of flats to the buyers and formation of CHS, the local Deputy Registrars office will give a deemed conveyance certificate automatically after being approached by the flat buyers as a CHS.

Thus Builders will no more be able to play with CHS and the Flat buyers for so called NOC for transfer of flat in new buyers name and so on. Neither the builder will be able to claim any additional FSI on the land and the building once its conveyed to CHS.

Hope its clear.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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