Recent Phenomena: Society Having DDR Ordered in hand but difficulty in getting Property Card
Main Reasons: Improper
Legal Title Flow and making Proper Opponents
Interesting cases are now coming up in the legal field that,
irrespective of getting proper ordered of Deemed Conveyance from DDR, many societies
are now facing problems for getting their name on the Property Cards/ VII-XII
Extract.
Among the various reasons, one of the major reason neglecting
in making necessary parties as a opponents in the Main deemed conveyance
application. And along with that, checking proper legal title flow, aiming to
get proper Mutation for Property Cards
Further, lacuna is that, in the absence of proper Rules, regulation
and Act in MOFA that restricts DDR powers to order only till registration of
ordered.
Thrust of clarity is urgently needed to address this issue in
MOFA otherwise, despite having DDR conveyance ordered in hand the society will face
difficult for registration of Mutation under Records of
Rights, i.e. name will
not be incorporated on the Property Card /VII-XII extract.
Moral of story: Get
title flow clear before applying Deemed Conveyance and make all the necessary
parties while applying the same.
Cases to be note:
Improper Title Flow:
In First case, even after receiving DDR Deemed Conveyance
ordered, registration done, society members are now facing trauma situation, as
Builder did forgery of Govt. Records and now entire building is likely to be under
state Govt. control, despite flat purchased in good localities and high priced,
its members. As of now there is no remedy, even forgery case Supreme Court cannot
do anything.
Necessary Parties as
a opponents:
Among the others one famous case - Campa Cola CHS - CTS refused
to incorporate its name on the above grounds.
Hence, check legal title flow at micro and sub-micro level
and make proper parties to your application.
Ps: Feel Free to write any comment, opines and call me on cell
9819473440
