Deemed Conveyance
I am not aware as to what is happening in the other states but in the state of Maharashtra the co-owners of Housing Co-operative Societies have been left by the Government High & Dry.
It is the open secret that developer has to spend lot of money to get various approvals from various agencies, Municipality, State Government & other agencies.
The State Government has just passed some directive stating that if developer builder has not done conveyance of the property in favour of the Housing Society once all the flats are sold, the society should apply for the deemed conveyance with state government.
This is big game to encourage bribes.
At the time of giving possession of the flats to the owners, builder has already completed all the required conditions and if he has done so they have authority to initiate legal or civil proceedings against him and to bar him from undertaking such Co-operative HSg projects.
More than 50% Housing Societies have not been able to get conveyance of their property as the developer builder is sitting tight after getting full payment from the people whom he sold the flats.
Solution is simple just pass the law that the conveyance of the property is transferred to the Societies which are more than 10 years old.
You will find hue and cry from respective departments from,State Government and Municipality.
However it will be huge relief to thousands of Housing Societies in the Cities. more
It is the open secret that developer has to spend lot of money to get various approvals from various agencies, Municipality, State Government & other agencies.
The State Government has just passed some directive stating that if developer builder has not done conveyance of the property in favour of the Housing Society once all the flats are sold, the society should apply for the deemed conveyance with state government.
This is big game to encourage bribes.
At the time of giving possession of the flats to the owners, builder has already completed all the required conditions and if he has done so they have authority to initiate legal or civil proceedings against him and to bar him from undertaking such Co-operative HSg projects.
More than 50% Housing Societies have not been able to get conveyance of their property as the developer builder is sitting tight after getting full payment from the people whom he sold the flats.
Solution is simple just pass the law that the conveyance of the property is transferred to the Societies which are more than 10 years old.
You will find hue and cry from respective departments from,State Government and Municipality.
However it will be huge relief to thousands of Housing Societies in the Cities. more
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In New Bombay the Registrar of Co-op Societies is required to verify the authenticity of the members who apply for registration of a Co-op Housing society before registration. This is not done by the Asst. Registrar and by taking heavy bribe he grants registration to any builder. CIDCO is supposed to verify the correctness of the Registration certificate before allotting land to the co-op Society. Here again bribe blinds them not to act as per rules. CIDCO is not supposed to allot land to a society if its members did not have the resource to construct a building on the land. Once the land is allotted, the society is supposed to engage a building contractor, negotiate and fix the cost of construction which is to be shared by its members. After completion of the building the contractor is supposed to collect the cost of construction from the society. The contractor builder has no right of ownership in the building. The society members become the rightful oners. No deed of conveyance is required from the builder. Mere membership of the society will confer the title of ownership. This is the legal position as explained to me by my advocate. Because of bribery the whole situation gets twisted in New BOMBAY. more
Sep 28
Having worked and lived in Kolkata for about 40 years I decided to settle in Bombay. In Bombay proper I found the costs are very high; so I decided to buy in New Bombay. It was in the year 1995. In New Bombay the government procured all land from villagers and developed. The government was the owner of all land. There was (and is) an organisation named City & Industrial Development organisation (CIDCO). It was allocating land only to co-operative societies. I later came to know it was a most corrupt organisation. It was the practice there that builders used to make their employees, drivers, peons, etc. as members and get a co-op housing society registered by paying heavy bribe to the Asst. Registrar of Co-op Societies. With the society regn. certificate they approached CIDCO for allotment of land. After taking bribe CIDCO allot land in the name of the co-op society on 99 year lease. Being totally new to Bombay I was not aware of these practices. In Koper Khairene, a locality in New Bombay, a building was under construction. I approached the builder and he allotted a flat to me. I paid the price in instalments. After the construction was completed, the builder gave me possession of the flat but he did not execute the conveyance. I had no documents to prove I was the owner of the flat, but my wife and I started living in the flat in the hope that the builder will execute the documents later. One night at about 11 pm. somebody was knocking at the door. When I opened the door there were about 7 or8 persons who claimed that one of them was the member of the co-op society and that my flat originally belonged to him and that we should vacate the flat immediately failing which the consequences will be bad for us. It is a long story and we had to fight for long six years with the Co-op Society Registrar, the builder and CIDCO for about six years and finally we got the conveyance done in our favour. more
Sep 28
For every thing there is rule, but the builders by bribing the government authorities and escaping from implementing the rules. The urban development department is solely responsible for these lapses. more
Sep 27
Dear Mr. Shirish Shanbhag, All say and heard, Pl. ref. the record published by the Govt. to find How many conveyance given, It is not even 10%. AND If the 10 years exemption/Blank permission if given - why there should be any hue and cry. It will resolve the problems once for ever - at-least in substantial manner, instead of going for peace-meal basis. All laws are intact in its own way. The question is "True Implementations" more
Sep 27
I AM GREATLY SURPRISED, HOW WITHOUT LOOKING AT REALITY SITUATION PEOPLE ARE VOICING THEIR GRIEVANCES. MAHARASHTRA GOVERNMENT HAS DONE A NICE SCHEME OF DEEMED CONVEYANCE (DC), IN WHICH A CO-OP. HOUSING SOCIETY (CHS) OR AN APARTMENTS' CONDOMINIUM (AC), OR A HOUSING PUBLIC LIMITED COMPANY (HPLC) CAN GO IN FOR DEEMED CONVEYANCE. IN ANY BUILDING (RESIDENTIAL OR COMMERCIAL OR INDUSTRIAL OR MIXED TYPE) WHEN IT IS UNDER CO9NSTRUCTION, ITS BUYERS ARE COVERED UNDER MAHARASHTRA OWNERSHIP FLATS' ACT, POPULARLY KNOWN AS "MOFA". ONCE 60% OF ITS FLATS ARE SOLD, UNDER MOFA, IT CAN FORM A CHS OR AC OR HPLC, WITHOUT ANY CO-OPERATION FROM THE BUILDER. WITHIN 4 MONTHS, UNDER MOFA. ONCE CHS OR AC OR HPLC IS FORMED, IT CAN GO FOR DC. IF EVERY THING IS DONE AS PER THE PROCEDURE SET BY THE MAHARASHTRA GOVERNMENT, THEN WITHIN TWO YEARS (OF ONLY 60% SALE OF THE FLATS / GARAGES / SHOPS / OFFICES OF AQ NEW BUILDING), YOU CAN GET DC OF YOUR BUILDING, WITHOUT PAYING EVEN ONE RUPEE AS A BRIBE. I AM TELLING THIS FACT, BY MY EXPERIENCE WITH ALL CONCERNED MAHARASHTRA GOVERNMENT OFFICES IN MUMBAI AND THANE. SAME IS THE POSITION ELSE WHERE IN THIS STATE. WE, AT MONEYLIFE FOUNDATION, AN NGO, AT SHIVAJI PARK, DADAR, WEST, MUMBAI-28, GIVE A FREE GUIDANCE TO THE PEOPLE BY EMAIL TO ITS LEGAL RESOURCE CENTRE lrc.moneylife.in OR BY VISIT TO ITS OFFICE, ON TUESDAYS, 5PM TO 7PM, AFTER FIXING YOUR APPOINTMENT ON PHONE 022 49205000 (CALL SHILPA ON TUESDAY, 11AM TO 4PM). more
Sep 26
