It would belong to society
2) The Bombay high court held that the builder or developer, who constructs the society building, cannot take advantage of his own wrong – of not executing conveyance in favour of the society within statutory period – and insist upon utilising the additional FSI.
3)The failure and neglect (on the part of the developer) to get the society registered and convey the property would certainly not give any right to the developer to step upon the property or to claim any additional FSI, the court noted. “The FSI belongs to the plot, which must be taken to be conveyed after the statutory period,” Justice Dalvi observed and added, “The FSI would, therefore, be available only to the true owner of the plot (the housing society).”