• Deemed Conveyance

The society has obtained for a Deemed Conveyance. It has declared that there are 10 members of the society against 11 in this application.
1. Can a member dispute the mis-declaration?
2. Can there be a de-registration of the society on the basis of the mis-declaration?
3. Inspection u/s 89-A not carried out for more than 3 years. Can this be another ground ?
Asked 2 years ago in Civil Law from Mumbai, Maharashtra
1) for deemed conveyance society has to submit List of Society Members including their Flat/ Shop Agreement Details. society has to pass special resolution to opt for deemed conveyance and it is supported by affidavit of secretary of the society 

2) The complete set of the  Documents is to be annexed with the Deemed Conveyance Application- Form VII & to be filed in a neat & tidy manner.

3) the Office of Competent Authority issues the Deemed Conveyance Scrutiny Report- Form VIII within about 1 month.

4) in the event false declaration has been made by society issue legal notice to society for filing false  affidavit 

5) forward complaint against society before competent authority 

6) you can move HC for setting aside order of CA of grant of deemed conveyance and for stay of order pending hearing and final disposal of petition
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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1. Has the deemed conveyance been properly stamped and registered? Has the name of society been incorporated in the Land Revenue Records? Under section 11 of Maharashtra Ownership Flat Act, 1963, Conveyance is the Right of the Co- Operative Housing Society and the Duty of the Property Developer/ Promoter to be executed within 4 months from the date of Registration of the Co- Operative Housing Society.

2. To obtain deemed conveyance the society is to submit a list of all its members. A special resolution at a meeting having the requisite quorum is to be passed to apply for deemed conveyance.

3. Since the society has furnished false information supported by an affidavit to competent authority a lawyer's notice should be issued to the secretary of the society. 

4. The most effective remedy would be to challenge in the High Court the order granting deemed conveyance to the society.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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The Registered Society to obtain a deemed conveyance, has to submit a list of all its members after a special resolution having the required quorum is passed. A member can dispute the mis-declaration if the conveyance has been obtained by furnishing false documents/information. Section 89-A can be made as a ground, however re-registration of the society on this ground alone may not happen.

Send a legal notice to the society giving them time to correct the wrong doing. meanwhile, file a complaint against the society and move the respective High Court for cancellation of the order granting deemed conveyance.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. Detailed fact has not been provided in the query. Why has the name of one flat owner/member  been dropped from the list? However, if any body's name has been dropped, then no conveyance has been made for his flat, deemed or otherwise for which  he/she  can certainly dispute the mis-declaration,

2. It can not be conclusively told now wehether the registration of the society will be cancelled or not for the said mis-declaration unless the Society's version/argument is pesused,

3. You can lodge a complaint about not carrying the inspection. The Registrar will certainly send notice to the Society to this effect.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1) a person holding a mere garage is not entitled to membership of society 

2) the rights to hold a  garage in society flows from his right as flat owner 

3) society should not have admitted a  person holding mere garage as member of the society . 

4)how person holding mere garage was admitted as member of society is million dollar question 

5) even if you challenge deemed conveyance order chances of obtaining relief are bleak
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
1) does building sanctioned plans by BMC show garage  on the plot? 

2) you must have entered into agreement with builder for purchase of garage? 

3)was agreement duly stamped and registered? 

4) when were you admitted as member of society and issued share certificate? 

5)since you are not a flat owner you cannot be entitled to be member of society merely because you are holding garage . 

6) garage owner cannot cannot claim membership rights in society . the decision by society to admit  you as member is flawed .

7) it is surprising that decision of society to admit you member has not been challenged by any member . 

8) in the event you file writ petition to set aside deemed conveyance granted to society the high court may not rule in your favour for simple reason that garage owner not owning any flat cannot claim membership rights in a society .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
1. First of all Kishore Kumar Ganguly is long dead and here comes Krishna Kishore Ganguly,

2. You are providing vital information in instalments,

3. The Society is formed by the flat owners and the garrages also should be owned by the said flat owners,

4. You have bought 5 shares each of Rs.50/- but whom did you pay the consideration for buying the said garrage?

5. As per the bye laws of the society only the flat owners are to buy the garrage and not any outsiders,

6. The garage owner can not be treated as a member of the Society formed by the flat owners since he is not a flat owner,

7. So, at first you shall have to get it cleared from the registrar of society whether a garage owner can be a member of the society of flat owners where he does not have any flat,

8. If he is so allowed as member, the owner of a shop in that society premise, can also demand to buy share of the society and claim deemd registration of his shop by the Society.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. What does the bye law of the sciety says?

2. Does it say that non flat owners also can become memers of the society,

3. Does the bye law says that non flat owners also can buy garage in the property belonging to the society?

4. If not, then the said sale of the garage and subsequent sale of shares of the society to the garage owner is not as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. The bye law of the society is germane to the queries raised by you.

2. Generally, the bye law does not allow any garage to be sold to any one who is not a member of the society, but this is subject to a clause to the contrary in the bye law of your society.

3. If the bye law does not prohibit the sale of a garage to a non member then the sale is valid, else it is illegal. Bye virtue of purchase of garage you could not have become a member of the society.

4. If you challenge the deemed conveyance granted to the society your chances of succeeding will be very miniscule owing to the fact that you could not have been admitted as a member of the society merely because you had purchased the garage.

5. Peruse the bye law of the society to ascertain whether it provides for sale of garage to a non-member and whether the non-member to whom the garage has been sold can be admitted as a member on account of the sale.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
supreme court has interpreted the meaning  `flat'in :Nahalchand Laloochand Pvt. Ltd.        
vs
Panchali Co-operative Housing Society Ltd.   ...Respondent


7 It must be a separate and self contained premises;
7 It must form part of building;
7 It must be used or intended to be used for any of the uses namely--residence, office, showroom, shop, godown or for carrying on any industry or business.
29. In the discussion made above, we have not referred to the bracketed portion namely - `(and includes a garage)' so far. What is the meaning and significance of this bracketed portion? On technical linguistic basis, the bracketed phrase can only attach to the word preceding it. That may not be happy construction nor such construction by reading bracketed portion `(and includes a garage)' with the preceding word `business' appropriately reflects the meaning of the phrase. The scope of the bracketed phrase has to be seen in the context of the definition given to the word `flat' which is true indication of intent of the legislature. It was suggested by learned senior counsel and counsel for the promoters that the phrase `and includes a garage' must be read with the `set of premises' and not with the user. This does not appear to be a correct reading of the expression. We are not persuaded to accept such construction. We think that statutory definition of `flat' must be construed keeping in view the intent of the legislature and the context of the statute and, seen thus, the phrase, `and includes a garage' in the bracket does not bring in `garage' by itself within the meaning of word `flat'. If stand alone `garage' (or a garage by itself) were intended by the legislature to be a `flat' within the meaning of Section 2(a-1), that could have been conveniently conveyed by use of the expression `or garage' after the word `business' in the same breath as preceding uses. The bracketed phrase is rather indicative of the legislative intention to include a `garage' as appurtenant or attachment to a flat which satisfies the ingredients of Section 2(a-1) meaning of flat 


It is clear to us that stand alone `garage' or in other words `garage' as an independent unit by itself is not a `flat' within the meaning of Section 2(a-1) and we answer question (i) in the negative.

in view of Sc judgement your case falls flat and you would not get any reliefs from court
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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1. The Citation posted by Ld.Advocate Mr.Sethi clears the confusion for good,

2. If you now extrapolate the above interpretationon logical grounds, the sale of garage owned by the society of the flat owners to a non flat owner can be challenged in the Court of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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