In our society (borivali – Mumbai) we have 166 flats consist of 5 buildings, first building constructed in 1978 and we are planning to go for Conveyance/Deemed conveyance. I would appreciate if you can help us to solve following queries.
Questions:-
- What will be the Process if stamp duty (post 10/12/1985) is not paid by the individual flat owner while buying the flat and what will be the calculation for stamp duty.
- What is the process if stamp duty paid but not registered?
- Flat is in the name of Grand father or Grand mother need to transfer to the legal heir.
- Process for getting OC or CC document if builder is not applied, though building constructed in the year 1990 .
- One Of the flat owners Chain Agreement is missing then what will be the process.
- Minimum number required to pass resolution for selection of builder.
I C Naik
There are quite a few complications and it is going to be expensive too. Immediately approach an advocate for deemed conveyance.
For getting some idea please go through following Sub-Sections of Section 11 of MFA 1963 which were inserted in 2009 for addressing the issues your society I facing:
(1) It shall be the duty of the-promoter to file with the Competent Authority, within the prescribed period, a copy of the conveyance executed by him under sub-section (1).
(2) If the promoter fails to execute the conveyance in favour of the Co-operative society formed under section 10 or, as the case may he, the Company or the association of apartment owners, as provided by sub-section (2), within the prescribed period, the members of such Co-operative society or, as the case may be, the Company or the association of apartment owners may, make an application, in writing, to the concerned Competent Authority accompanied by the true copies of the registered agreements for sale, executed with the promoter by each individual member of the society or the Company or the association, who have purchased the flats and all other relevant documents (including the occupation certificate, if any), for issuing a certificate that such society, or as the case may be, Company or association, is entitled to have an unilateral deemed conveyance, executed in their favour and to have
it registered.
(3) The Competent Authority, on receiving such application, within reasonable time and in any case not later than six months, after making such enquiry as deemed necessary and after verifying the authenticity of the documents submitted and after giving the promoter a reasonable opportunity of being heard, on being satisfied that it is a fit case for issuing such certificate, shall issue a certificate to the Sub-Registrar or any other appropriate Registration Officer under the Registration Act, 1908, certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and building in favour v of the applicant, as deemed conveyance.
(4) On submission by such society or as the case may be, the Company or the association of apartment owners, to the Sub-Registrar or the concerned appropriate Registration Officer appointed under the Registration Act, 16 of 1908, the certificate issued by the Competent Authority alongwith the unilateral instrument of conveyance, the Sub-Registrar or the concerned appropriate registration Officer shall, notwithstanding anything contained in the Registration Act, 1908, issue summons to the promoter to show cause why such unilateral instrument should not be registered as ‘ deemed conveyance ‘ and after giving the promoter and the applicants a reasonable opportunity of being heard, on being satisfied that it was fit case for unilateral conveyance, register that instrument as ‘deemed conveyance’.”.
