Related to Conveyance deed Queries

Hello Sir/Madam,

Good Day,

My questions are regards to conveyance deed with NA Plot owner (As per property card name holders), In case Builder / Development company are not available..

Below some information regard to our building/Society as per my knowledge..

Our society is under SRA approved plan in 2011 but totally separate Sell members are only, No involvement of Rehab category members in our society/building.

But our building attached with SRA rehab building(One side of building) but our sell registered society is completely separate.

All 3 building entrance are separate, Out of 3 wings A & B wings totally Rehab & C wing is totally Sell flat owners.

FYI- We have separate property tax SAC numbers , 1 property tax SAC number allotted to C wing only and Another one for A & B wing only.

Our NA Plot and Building is located at Bhandup West (Central line) under C.T.S Bhandup/Kanjur both.

Questions as below:-

1) If we (Society ) are doing Conveyance deed directly with NA Plot owners which is ready to do NA plot conveyance deed after some understanding, Then there will any issues, In case our building development company already closed or Builder is not available right now -?

2)If Society directly approach to NA plot owner for conveyance deed then whose NOC is Mandatory -?

3) For conveyance deed, What is complete Procedure -?, Which parties and How Many (Government offices) involvement is necessary to proceed with conveyance deed -?

4) If our building developed under composite plan then separate conveyance deed possible or not -?
Or Need to do combined Conveyance deed.

5) If our building developed under composite plan then there will be separate C.T.S numbers -?

6) Conveyance deed prepared on basis of NA land C.T.S Numbers, pls advise -?

7) Property tax + NA tax we need to clear first -?

8) If CTS numbers are different for our building or NA plot then Conveyance deed is possible for our sell members building -?

9) How can we get to know that how much plot is under our conveyance deed or Is there any process of Plot Measurements done through any government entity on that basis we get to know that declared FSI or Sq ft is under our deed & In the name of plot owner for avoid any issues at the time of redevelopment..

10) If all buildings developed under 1 plot then still conveyance deed is separately possible for our sell wing building - ?

Pls let us know point wise answer with detail explanation to proceed with Conveyance deed with plot owner..

Thanks a lot and expect accurate guidance from all involved parties.

Asked 2 years ago in Property Law

Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

Ask a question

4 Answers

1. if building OC is received, then go for deemed conveyance

2. depending on what all benefits and reservations are kept for the builder in the land by the land owner in the DA as aforesaid, the builder's NOC would be required

3. society has to make an application to competent authority u/s 11 of MOFA for grant of a certificate for registration of deemed conveyance in favour of society

4. if society wants a separate conveyance then it will have to apply for subdivision of the land beneath the society's building from the larger land

5. if redeveloped in a composite manner then single CTS number would be allotted

6. CTS no.

7. obviously yes! that has got no connection with the pending conveyance. do it, otherwise the municipal corporation will put the property on sale by public auction to recover its dues

8. yes

9. you will have to apply for subdivision of plots. a valuer cum architect has to be engaged

10. you are asking same question in different ways!!

Yusuf Rampurawala

Advocate, Mumbai

7658 Answers

79 Consultations

Talk to Advocate Yusuf Rampurawala

Plot owners can execute conveyance in favour of society .

2) do check whether plot owners have executed POA in favour of builder for development of plot , for executing conveyance

3) if plot is one then separate conveyance is not possible

4) you need copy of building sanctioned plans , occupation certificate issued by muncipal corporation, NA land order passed by collector , copy of individual registered sale deeds executed by builder in favour of all flat owners to be enclosed to conveyance deed

5) pay property tax , NA tax

6) sanctioned plans would reflect size of plot

Ajay Sethi

Advocate, Mumbai

96707 Answers

7795 Consultations

Talk to Advocate Ajay Sethi

The conveyance deed can be executed by the seller/builder to the society hence in the absence if the landowners are ready to execute the conveyance deed on behalf of the builder, there should not be any problem with the registrar to accept the registration application, however you may consult with the authorities concerned about it in advance before getting into the process.

. A Conveyance Deed is a legal document that conveys some rights over an immovable property from one person to another. The developer must execute the Conveyance Deeds of flats and common areas to transfer their ownership rights to the respective owners and the housing society. If the land owner is able to convey the common areas as per the completion certificate that the builder obtained in this regard, then you may get the permission of the registrar for execution of the conveyance deed by the landowner or else you may have to follow the legal process in this regard as per procedures of law.

The purpose of a conveyance deed or a sales deed is to legally document that the seller of a property has transferred all the authority and the ownership regarding a property to the buyer. The implication of this document is paramount due to the legal technicalities.

Conveyance deeds are governed under the Registration Act and executed on non-judicial stamp paper.

Once the conveyance deed is signed, it has to be registered at the local sub-registrar’s office, by paying the registration fee.

You may visit the sale agreement wherein all the questions will find an answer.

Once the state government issues a deemed conveyance deed, the law considers the deed to be executed even if the developer has not executed the conveyance deed. In order to have a deemed conveyance deed, one needs to apply with the required documents to the concerned authorities. The developer should also ensure that both the parties are present as the authority law would pass a judgment only after hearing both the parties.

The following are the documents required for applying a deemed conveyance deed:

Relevant land documents such as land revenue, municipal records and the like.

A copy of the agreement between the landlord and the developer regarding the development of a property.

Registered and stamped agreement copies of each flat.

A copy of the approved building plan.

As Per MOFA (Maharashtra Ownership Of Flat Act) A Builder Has To Execute Conveyance Of The Property In Favour Of Flat Owner Within 4 Month From Date Of Completion Or From Formation Of Society, In The Form Of Conveyance Deed Or Apartment Deed.

The Land Does Not Carry Market Free Title Unless Conveyance Executes By The Builder And The Title & Ownership Remains With Original Owner Or With Builder.

Residents Of The Building Cannot Opt For Redevelopment Work Unless The Land Is Conveyed In The Name Of Residents Or Society Or Apartment Condominium.

If Conveyance Of Society Or Apartment Is Done Then It Can Easily Go For Redevelopment And Corporation Gives NOC For The Reconstruction, And Society Or Apartment Gets Additional FSI Or TDR As Per Municipal Corporation Rules For Additional Construction.

In Case Builder Does Not Cooperate, Then Flat Owners Have To Apply For Deemed Conveyance Process.

NECESSARY DOCUMENTS REQUIRED FOR CONVEYANCE

7/12 Extract (Latest Within Period 3 Months).

N. A Order [Non – Agriculture Order Of Collector].

U.L C Order [Urban Land Ceiling Order By The Competent Authority].

Society Registration Certificate.

Certified Society Resolution – Conveyance Deed – AGM / SGBM.

Certified Society Resolution – Appointment Of Authority For Signatures On Conveyance Deed.

Scope / Scheme Of The Society.

Authority Letter / Appointment Of Advocate For Conveyance Deed.

List Of Members With Particulars As To Name Of Member, Flat / Unit No., Floor, Area, Haveli Registration No And Stamp Duty, Registration Fees Paid Details.