Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery, etc..
Deemed Conveyance:-
In Maharashtra there are many single building where there are flats or offices less than 10 units, those are or were not covered law of deemed conveyance. But now there is good news for some single building which falls under Maharashtra Apartment Ownership Flats Act.
Recently Maharashtra Government has made changes in Maharashtra Ownership Flats Act (MOFA) and according to this new amendment, there is provision for deemed conveyance for apartments also, and power of deemed conveyance are given to Dist. Sub Registrar office.
As per this all apartments owners may apply for conveyance, for which builders and developers are not cooperating. Deed of apartment is executed by builders after completion of building by executing deed of declaration, and executing deed of apartment separately with each flat or unit holder.
Normally it is seen and observed that after construction of the building and completion there are problems between flat holders and builders on various issues, or many time it is expected that the plot on which the building is constructed may be getting additional FSI or TDR which temps builders hence the additional FSI/ TDR goes to builders and they are able to build one more floor on the existing building or they are able to sale it in market against consideration and hence builders are reluctant to execute deed of conveyance .
Other reason is if conveyance is not done then while selling flat in resale market new purchaser demands NOC or Bank need NOC from builders and when flat owner goes to builder for NOC, these builders illegally demand for 50000 to 1 Lac in cash for issuing NOC, and this is the reason builders are reluctant in executing conveyance.
It is also observe that many time builders do not construct buildings according to sanctioned plan and this do not get completion certificate which results into non conveyance, as per law building completion is must for conveyance. Some builders even abandon construction work, when they see there is no profitability and buyers are left with no relief, except of protection under Consumer Protection Act, but that does not solve issue of conveyance of the property.