Case
Study 1: Deemed
Conveyance for Leased Property
Case Study 2: Is Deemed Conveyance possible for Society – ‘Les pend ency’ in Court of law?
Case
study 7: ABC CHS – Kandivli (W) Land Lord: Multiple Sell off Society’s Plot
}Property
developed on leasehold land
}Can
file DC application
}Remedies:
Assignment is possible.
}Same
legal rights transfer to the society as it had with the lessee with the
original lessor.
}Can
do all undertakings, including redevelopment.
}Successful
story of Zam Zam
Tower CHS in Town Mumbai
Case Study 2: Is Deemed Conveyance possible for Society – ‘Les pend ency’ in Court of law?
}Under
MOFA – DDR has given exclusive Powers to provide conveyance to CHS.
}As
per “Law Postulate”, even if Court case pending in any court of law, including
High Court, unless and otherwise stay ordered in specific, DDR has power to
issue Unaltered DC Order in favour of CHS.
}Hence,
irrespective any disputes pending in any court, forums etc. DDR can issues
Unaltered order.
A Successful case has been done in DDR I city Mumbai.
Case
Study 3: Layout plans CHS
}Govt.
GR dated 25th
Feb, 2011
}Provide
provisions for Layout plans societies
}Individual
Registered society can get Deemed Conveyance, irrespective of what agreement
has mentioned by the builders/developers.
}Will
have same rights, even after federal societies established.
}Important
note: Federal societies will get only peripheral-fringe area rights, not
individual CHS’s FSI.
Case
Study 4:
Merger and Acquisition of CHS Redevelopment on Self Financing
Merger and Acquisition of CHS Redevelopment on Self Financing
}Two
different CHS established on same plots.
}Different
landlords
}Different
Developers
}Multiple
Development Agreements
}Successful
of Acquisition U/s 16 and 17of MCA 1961 and got DC in one societies.
}Now
process of Redevelopments is under progress under self Financing Mode.
Case
study 5: Industrial/Commercial Societies
}Any
industrial and commercial registered societies will have same legal rights over
land and building to get Conveyance from DDR.
}Have
done successful Maharashtra’s first deemed conveyance for Rajiv Industry –
located at sewri and
property card process is in final stage.
}CHS
registered in 1993.
}Developers
had Notarized POA from Land lord for Conveyance
}During
that episode a Agent, a flat owner and ex-chairman of the same society, forged
the matter, assisted other developer (Mr. x ) to get conveyance from the land
lords directly, Conveyance deed registered and he sell-off to another
developers and left society flat.
}Latter
on sniffing goof-up made by him (Mr. x ) sold to another developer.
}Once
again, another conveyance registered for the same plot.
}CTS
– was not allowed to do survey by the flat owners – realized something wrong
???
}Now
society’s has filed DC application.
Will
society get DC? …………………Yes with TOTAL Rights.
Case
study 6: ABC
CHS – Santacruz (W)
Drafting Conveyance Deed
}It
is very vital important to get the professional Conveyance deed drafted by
experienced technical - legal expert.
}In
a given case, even after conveyance drafted and registration done, there are
many case pending in the City Survey Office and at Talati
level, where society's name could not be incorporated in the Property Cards
and/or 7/12 uttara at
village level.
}Record
of Rights aspects - Missing link of Mutation of records.
}Remedies??? Yes it is available.
Note: As a ethics, all the names of CHS has been change to hide the original identity, and these are the real story successful done by me.
Stay in tune with me for any similar or any legal technical problems faced by the society - remedies available ...
Advo Vijay Trivedi
# 9819473440
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