MISGUIDING & MISLEADING POST ABOUT SOCIETY’S CONVEYANCE DEED CANCELLATION:-
Dear Society Members,
Now days, the Whatsapp post about the cancellation of society’s “Conveyance Deed” has been going viral speedily which is totally misleading & misguiding. And it’s really very painful to see that despite making the housing societies aware about their ownership/title of the land, someone stupid with incomplete source of knowledge is misguiding by circulating the baseless and support less post without verifying it’s lawful authenticity.
And due to this bullish and misleading viral post, a large number of the housing societies around us are getting confused that how to get cleared their title of the land, if Conveyance Deed is cancelled..?
Therefore, to avoid such confusion or mess and for the better or clear understanding, the housing societies and it’s members must go through the reliable source of knowledge which is given below in brief.
Now let’s understand what the cabinet decision talks about Property Card and ownership of the land (Conveyance Deed)…?
1. The original cabinet decision related to recording of ownership details of individual flat in Property card is of August 2019.
2. The Land Records are updated through mutation entries in Property Card in urban areas or through 7/12 Utara in Rural areas.
3. We can consider this as Horizontal Property Records. So basically these PR card entries are about the ownership of land/property.
4. What about ownership of Structure that is created on these lands??
5. The cabinet decision of August 2019 aims at first-ever initiative in India to record the ownership details of each and every flat, building and commercial complex.
6. So the cabinet decision is talking about a path breaking decision of updationof Vertical property records in the form of Supplementary PR cards.
7. This move is going to benefit to the home buyers who can trace the ownership of the flat through these Supplementary PR cards and satisfy themselves before buying the flat.
8. This move is beneficial for the financial institutions who are facing fraudulent transactions of multiple mortgages getting created against the same property.
9. This path breaking initiative will ensure that all the city survey offices in urban areas and the collector offices in rural areas will have records of the individual flats as well along with the land records.
10. Beware, that this cabinet decision is nothing to do with conveyance or deemed conveyance of the land* and hence conveyance is cancelled is fake and misleading.
11. The land owner/s has to convey the land in the name of the housing society and the builder/developer has to convey the title of building in the name of CHS and these are the provisions which are there in MOFA Act and RERA Act as well. So do not get misguided.
12. Your society still has to go for the conveyance because that is what your object clause says of the Model Bye laws.
13. The misleading information is circulated to create confusion and see to it that conveyance which is crucial for a CHS to get, will not be thought of and postponed by the CHS due to this baseless news, so please do not get misguided.
14. Conveyance provision is in MOFA Act, it is in MCS Act, it’s part of Model Bye laws, RERA Act and hence if it has to get cancelled then first al these acts needs to be amended.
15. So, friends please understand the implication of Conveyance, seek professional help on this, do not get carried away by the misleading post,do not circulate if you yourself are not sure.
Out of the all above – Important conclusion – is Housing Society’s Conveyance or Deemed Conveyance provision is not cancelled at all.
For detailed information please feel free to contact us.
Warm Regards,
Ved Legal,
Mob- 9763040088,
Email- [email protected] Website- vedlegal.com
