Thursday, 20 March 2014

Deemed Conveyance for societies’ building on Undivided plot / Layout Plot / Condominium cases

Dear All:

For the Deemed Conveyance Matter for societies’ building on undivided plot /Layout Plot Plan / Condominium cases:

With ref to recent verdict made by the High Court, Mumbai in the case of Undivided/Layout Plot under section 11, wherever appropriate, shall bring out clearly  the right, title and the interest of each of the parties who have joined in the application or were made as the opponent/s  and the manner, whether separately, jointly or as a common entity or certain percentage of undivided interest in the Layout Plot, common areas and the facilities, in which the right, title and interest of the promoter or the landlord or other interested parties in the Layout Plot, common areas and the facilities to be conveyed to the applicant or persons or other entities managing or will be managing their affairs on such Layout Plot.

My Legal Research and Analysis:

Following are the few important points to be considered while making for Deemed Conveyance application if there is Society’s building standing on undivided plot/s:

1.       All the Societies and/or Existing Legal Structure Owners only to be make as parties.
2.       Further, RG plot with Undivided Unequal Share
3.       Addition to that RG Plot with or without BMC records
4.       Societies building with Natural and/or Non-Natural division on plots
5.       Multiple Societies building with division or/and undivided huge plot
6.       RG Plot without CTS records
7.       RG plot with Undivided Single Plot
8.       RG plot with Undivided Multiple Plots
9.       Plot and/or RG plots With or without marking and/or undivided shares

Legal and Technical Diagnosis:

Legal aspects for each building
FSI certificate with various technicalities
Detailing on FSI/FAR /RG calculation in tandem with BMC – DCR

All needs to be make a parties in the application of Deemed Conveyance, to be safer side to get clear cut FSI/FAR/TDR/Fungible FSI, Otherwise DDR’s Ordered challengeable in court of law.

Please Stay in Tune ...

Advo Vijay Trivedi
# vijtrivedi@gmail.com