Legal Queries

Question:
Dear Sir,

Our Society has given following declaration to the Builder (developer) on society letter head along with other acceptance, while taking over the society affairs, as one Building is still under construction that is being carried out by the OTHER BUILDER and it is on stay as given to understand.

“WE ARE ALSO AWARE AND CONFIRM THAT WE HAVE NO RIGHT, TITLE WHATSOEVER IN RESPECT OF THE LAND, COMMON AREAS, OPEN SPACES, RECREATION GARDEN ETC., AND THE SAME WILL REMAIN TO BE YOUR PROPERTY.

If in due course suppose the Builder does not transfer Conveyance deed, and we wish to apply for deemed Conveyance deed, whether the declaration will be an obstacle to us. Kindly advise. Regards. -- Nelson Fernandes

Reply:
Dear Nelson Fernandes,

Besides MOFA, the DC Rules 1991 and the Model Agreement under Form V, prescribed by the State Government under MOFA, also restrict rights of Builder and he is not allowed to sale any part of common areas. He only has the right to sell unsold flats – Entire land and building has to be conveyed to the organization/society.

Promoter/Builder has no right to sell any portion of such building which is not `flat’ within the meaning of s. 2(a-1) nor has he the right to sell stilt parking space.

The undertakings allegedly given by the Society, being contrary to relevant laws, are not binding on the society. However, in the worst case if Builder decides to relies such undertakings in the court of law than such shall need to be contested appropriately with cost and consequences.

Question: is your Society registered? if not, expedite the registration process.

For details on how to go for registration of Society under non-operation of Builder and for Deemed Conveyance please do visit my website www.law-india.com

Regards,

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



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