Case against the builders, not signing conveyance deed & transferring land of housing projects to societies.


By Accommodation Times Bureau

Pune:The Pune District Co-operative Housing Federation has requested the state government to file criminal cases against the builders, who are not signing conveyance deed and transferring the land of housing projects to societies.

Suhas Patwardhan, the chairman of Pune District Co-operative Housing Federation told, “Builders are unwilling to transfer the land because they want to continue to have a stake in the maintenance cost, open amenity area and redevelopment of societies. The government must file criminal cases against them”.

The provisions of the Maharashtra Ownership Flat Act 1963 (MOFA) enables the execution of conveyance deed , in favour of housing societies. According to the provision, conveyance is the right of the co-operative housing societies . Within four months from the date of the registration of the co-operative society, the title of land and building is transferred from builders to the housing society and the duty of the builders gets executed.

Patwardhan further added , “Redevelopment of societies, which are about 30-40 years old, is stuck in legal tangle because societies have no ownership of land. The state government must give conveyance to societies existing for more than 10 years without asking for any documents.”

He alleged that the MOFA was soft on developers, and so the act must be amended. Under RERA, the fine payable by the builder for delaying conveyance is up to 10% of the project cost, whereas under MOFA it is Rs 50,000.

As builders were not going for conveyance, the state government amended the MOFA making provision for deemed conveyance in favor of co-operative housing societies. The amendment allows to deem the land and building to have been conveyed to the society, after the expiry of four months of the formation of the housing society. And the society members can approach the government authority to seek the title of the land, after this four months period.

“Our society is 40 years old and we want to redevelop it. But we realized that the society has no ownership of land. Heirs of developer who constructed our building are claiming stake on the land and want share in redevelopment. They are also insisting that they will redevelop the society. We shall now go for a deemed conveyance. But it will be a lengthy process. We are even ready to fight a legal battle,” said Vinayak Puranik from Kothrud.


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