• Conveyance in favour of the society

We are the members of Co-operative Society Limited. It is a commercial building. The next adjacent plot is also in the same builder's name who has developed our building and our society is registered in the year 2015 and now he is redeveloping that adjacent property as residential project.

We would like to know whether can he use our FSI in the new redeveloping property. If yes, how can we prevent it and what are the steps to be taken.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

The two societies have diffrent nature of building. The builder  will definitely try to get benefit if it is available by combining both the plants in the development authority while developing the other plot and getting it approved in the meantime society has to write to builder to transfer the rights of the society land to society by a conveyance deed so that the ownership of the society should be the resident welfare Association and increased builder wants to club both the properties together the resident welfare Association will have valid. To make objection in calculation of FSI up newly developed plot based on the previous development by including its FSI for the legal action may be initiated if society she is any e development considering the exercise of the existing commercial plot

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Before redevelopment of new plot and builder using your building fsi in the new project. You should first apply for conveyance deed whether builder co-operate or not. 

 

Once procedure is started than it may get complete in next 6 months on very fast track.

 

So, after that builder won't use your fsi above current fsi passed from municipal corporation.

 

So kindly check which fsi builder is using in the residential building.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) issue legal notice to builder to execute conveyance of land on which your building has been constructed in favour of society 

 

2) builder is required under provisions of Maharashtra ownership of flat act to execute conveyance within period of 4 months of formation of society 

 

3) he cannot on execution of conveyance use your FSI in new redeveloped property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) you can file complaint against builder before consumer forum and seek orders to direct builder to execute conveyance in favour of society 

 

2) also seek litigation costs from builder 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Issue legal notice to builder to execute conveyance in favour of society 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You will have to apply for deemed conveyance under section 11 of MOFA

Builder cannot use the FSI of your plot 

If you apprehend that he will use the Fsi of your plot then your society will have to file a suit and seek interim relief 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Is society has to take initiative and write to the Builder to enter the conveyance deed in favour of resident welfare Association and they have to built pressure on the Builder to do so normally builders don't do conveyance deed without any pressure violently in fear of losing control over the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Not conveyance, that only I have said above to apply for conveyance deed procedure.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The builder has no reason to utilize the FSI belonging to your society for the redevelopment of the adjoining buildings. 

It would be illegal and not binding on  your society,  if he does so then file a mandatory injunction suit against him for relief and remedy. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The builder has to execute the conveyance deed in favor of the society,  you can issue a legal notice to him demanding the same and then drag him to court if he is not complying with the demand made. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may discuss with an advocate in the local and proceed as per the advice received in this connection. 

Before that you may talk to the builder about it and exhaust the remedies for an amicable solution. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

NO and on registration of society, automatic conveyance of land in society. No separate CD is require.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

For conveyance you need to file deemed conveyance before registrar authority and the developer will complete the formalities for the same. You can apply after 30 days once your society is formed 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is my response to you:

1. You will have to collectively approach the builder;

2. Pass a resolution in the AGM;

3. If that does not work, then you will have to send a legal notice;

4. Consult a local lawyer, with full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

No he cannot use your FSI in new redevelopment of adjacent property.

Your society should Send legal notice to builder for conveyance deed of your society.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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