• Deemed Conveyance under KAOA 1972

Ours is a 30 year old apartment complex in Bengaluru registered under KAOA 1972. We have a registered sale deed where in the apartment and some undivided share of land (approx 34% of over all land) only is registered. Remaining 66% land is declared as 'common areas and facilities' and not registered against any individual or association, claiming it it can not be divided and continue to be held as common. Recently, they filed a rectified Deed of Declaration registered in Book IV, wherein the individual undivided percentage interest in common areas and facilities are shown against all apartments. Is this a valid stand ? We are demanding that the undivided percentage interest in common areas and facilities be registered in individual rectified sale deed. Please let me know the correct legal position and what needs to be done to rectify the issue.
Asked 3 years ago in Property Law
Religion: Hindu

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14 Answers

On the basis on land FSI buildings are built. So there is empty space for ground, parking, garden, club house, gym etc. All the common area and space belongs to each flat holders according to respective flat sq ft area. 

 

The conveyance deed is good procedure in the point of association. Because the land must be in the name of builder or developer as today as well on the mutation papers. 

 So to transfer title of Ownership of land association should perform conveyance deed first. 

 

Later you can calculate the open space and flats FSI you will get the figures correctly. Because in past at that 0.75 FSI were sanctioned by Municipal Corporation. That's why you have found that much empty space. 

 

Kindly check layout passed by BBMP against your land. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

For redevelopment procedure both are important conveyance deed and individual flat ownership NOC in the quorum at 51% flat owners should be redevelopment side. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

You can file your representation for including the common areas as aforesaid. Yes deemed conveyance holds good. 

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

The common areas remain common and all the apartment owners are entitled to their rights in the common area in general and not by dividing them to individuals. 

The UDS of individual owners  is already mentioned in the registered title deed. 

Therefore your claim for individual percentage in the common area is not maintainable as per law. 

 

T Kalaiselvan
Advocate, Vellore
85103 Answers
2214 Consultations

5.0 on 5.0

You can find those details in the master plan approved by the authorities. 

You can have a look at it from the office of the association also. 

T Kalaiselvan
Advocate, Vellore
85103 Answers
2214 Consultations

5.0 on 5.0

In KAOA, the  deemed conveyance to individual is not required especially if the builder has given them the registered sale deed individually. 

This will prove as evidence at the time of redevelopment. 

T Kalaiselvan
Advocate, Vellore
85103 Answers
2214 Consultations

5.0 on 5.0

Merely rectifying in deed of declaration is not sufficient 

 

individual sale deed should be rectified 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Consult local architect regarding land to be kept for roads and civic amenities 

 

sanctioned plans would contain the details 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Deemed conveyance confers title to property 

 

builder must have executed registered sale deed in favour of each flat owner 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Yes,Definitely. 

Deemed conveyance holds good for title without individual registration at the time of redevelopment until challenged by anyone who is facing discrimination of his/her rights. 

Please furnish full details of property, area,circle and CTS for evaluation of land for road and civic amenities. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

if the Deed of Declaration is rectified then the individual apartment deeds also have to be rectified in line with the rectification made in the DoD

The common areas will continue to remain undivided though 

for roads and civic amenities the % of land required to be kept open will be as per the plans as sanctioned by the local corporation in accordance with the prevalent development control regulations 

why you need a deemed conveyance when a Deed of Declaration is already registered? the land is already conveyed to the apartment owners association. So deemed conveyance is not required in my view. As for individual apartments, registering a sale deed is only a procedural formality which will not come in the way of redevelopment

Yusuf Rampurawala
Advocate, Mumbai
7536 Answers
79 Consultations

5.0 on 5.0

Yes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

After making provision for Parks and roads in the layout, the balance portion of land shall be earmarked for civic amenity site. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes developer can execute a deemed conveyance deed in favour of society and it will hold good at time of redevelopment.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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