Builder has to execute conveyance of land in favour of society

Section 11 of Maharashtra ownership of flat provides that builder has to execute conveyance in favour of society within period of 4 months from formation of society 

You can issue legal notice to builder to execute conveyance in favour of society 

Societies formed by memorandum of association and registration. Most commonly Society registered under SOCIETIES REGISTRATION ACT, 1860.The property, movable and immovable belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings civil and criminal, may be described as the property of the governing body of such society for their proper title.

Give a letter to Governing council of the society  for calling a General body and pass the resolution to send a letter to Builder and entrust the same to Secretary or president to execute conveyance in favour of society .

The land is not automiatically shifted to society as per transfer of property act the deed of conveyance has to be made in favour of the society by builder or land owner.

The chairman/ authorised person or society can only sign on behalf of the society.

The society has to get the transfer of the property from the builder 2 exercise its power to control the society and the secretary of the society has to write to the builder to transfer the land to the society and enter into a conveyance deed in this regard it is the responsibility of the Management Committee to take action in this regard and in case it is not happening then 10 members after society E has to approach to the register in this regard to get the direction for the society to act as per the order of Registrar of society

Any one or a group of flat owner can apply for conveyance deed procedure. No need to take permission from Secretary.

1. plz take steps to remove the secretary

2. the other MC members can also write letter to the builder requiring him to deliver conveyance

A builder under section 11 of the Maharashtra Ownership of Flats Act, 1963 is under a statutory duty to convey all the interest in the land and buildings to the society within four months from the date of formation of society." Under section 13(1) of the said Act if the builder or the promoter fails to do the same on conviction he shall be liable on conviction for imprisonment for a term which may extend to three years or with fine, or with both.

It is a statutory obligation on the Builders/Developers/Owner of the land to execute a Deed of Conveyance in favour of Housing Society within the prescribe period and if he fails to comply with the provision, the Society can file a suit in the Civil Court and obtain a decree against the Promoter.

As p[er section 13 of the MOFA, 1963 failure to give conveyance is an offence and the builder/owner of the land can be imprisoned upto 3 years or fine or with both.

The benefits of conveyance are:

Getting a legal title in the name of society;

Conserve the additional fSI as per the government announcements.

Property shall be free and marketable;

Society can raise loans for repair and reconstruction by mortgage.

The secretary is not the only person who is in the management committee, the president can be approached, or issue a legal notice about it.\

The builder is bound to hand over conveyance deed if  not a collective action also can be taken against his reluctance

This is ruled under society registration act - effect of registration - lawful vesting properties of societies.

Instead write to registrar of society (not require) and request to demit secretary office and reelection.

No conveyance needs to be done it doesn't become owner automatically. Yes other members can do that and even deemed conveyance to registrar can be applied

Yes a common letter from majority of residents can be issued to secretary as well as builder for conveyance of land to name of society.