Legal Queries

Question:
Sir, I would like to know, if our building Promoter is not transferring Building and Land in the name of our co-operative housing society, what is the legal way by which we can force him to convey the land & building in the name of CHS as all the Flats are sold on ownership basis, society is also formed but building still in builder's name in Municipality and land also in his name in 7/12 extract. Please advise. Thanks Huzefa, Thane

Reply:
Dear Huzefa, As long as your CHS is registered you can easily get the deemed conveyance certificate issued by your local area competent authority by following certain procedure (which I will be uploading on my website, soon). In case your CHS is not yet registered and if you want to get it done, under non-cooperation of the promoter/builder, then refer to my article on this issue "Formation of CHS under non-cooperation of promoter". The most important part is that as per Govt of Maharashtra notification dated 27 Sept 2010 your promoter/builder can no more be able to hold the building and the land in his name and even without his co-operation the competent authority is authorised to issue the deemed conveyance so that in 7/12 extract the builder's name can be replaced easily by CHS's name.

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



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