_______ CO-OPERATIVE HOUSING SOCIETY LIMITED LIMITED CONVEYANCE & CONVEYANCE & CA . RAMESH S. PRABHU (Chairman) M S W A 09820106766- [email protected] P CONVEYANCE CONVEYANCE • Meaning of Conveyance : Meaning of Conveyance : Transfer the title of LAND & Transfer the title of LAND & BUILDING in the SOCIETY BUILDING in the SOCIETY NAME. NAME. NAME. NAME. • Objects Objects : : – To become the legal owner To become the legal owner – To make entries in Govt. Records To make entries in Govt. Records – To have free and marketable title To have free and marketable title CONVEYANCE OF LAND BUILDING METHODS /WAYS TO GET CONVEYANCE. METHODS /WAYS TO GET CONVEYANCE. By Builder By Builder Through Court cases Through Court cases Deemed Conveyance Deemed Conveyance U/S11. OF MOFA, 1963 TO CONVEY LAND AND BUILDING WITHIN 4 MONTHS. U/S11. OF MOFA, 1963 TO CONVEY LAND AND BUILDING WITHIN 4 MONTHS. Court cases- Legal Remedies Existing till 2005 Court cases- Legal Remedies Existing till 2005 Through Competent Authority as per MOFA-Amendment-2008 Through Competent Authority as per MOFA-Amendment-2008 Civil Court U/Specific Relief Act, 1963 Civil Court U/Specific Relief Act, 1963 Amendment to Rules were made to implement the functioning of Competent Authority and MOF (Amendment) Rules, 2010 notified Amendment to Rules were made to implement the functioning of Competent Authority and MOF (Amendment) Rules, 2010 notified Consumer Court U/ Consumer Protection Act, 1986 Consumer Court U/ Consumer Protection Act, 1986 Criminal Court U/S-13 of MOFA 1963 Criminal Court U/S-13 of MOFA 1963 Dy.Dist.Regr, C.A notified as Competent Authority Dy.Dist.Regr, C.A notified as Competent Authority DEEMED CONVEYANCE DEEMED CONVEYANCE 1. 1. AS GOOD AS CONVEYED AS GOOD AS CONVEYED 2. 2. TREATED AS CONVEYED TREATED AS CONVEYED 3. 3. LEGAL FICTION LEGAL FICTION BUT NOW ACTUALLY TO BE BUT NOW ACTUALLY TO BE CONVEYED THROUGH CONVEYED THROUGH COMPETENT AUTHORITY COMPETENT AUTHORITY DOCUMENTS REQD DOCUMENTS REQD • A) Application & COURT FEES A) Application & COURT FEES • B) Certified documents of land B) Certified documents of land • C) Certified copies of Bldg documents C) Certified copies of Bldg documents • D) Flats D) Flats Agrmnts Agrmnts duly stamped/ duly stamped/Regd Regd • E) Applicant Identity E) Applicant Identity-Regn Regn Certificate Certificate • F) Others relied upon by applicant. F) Others relied upon by applicant. OTHER DOCUMENTS FOR OTHER DOCUMENTS FOR CONVEYANCE CONVEYANCE • G) The Area entitlement. G) The Area entitlement. • H) Survey no & CTS No. Matching to H) Survey no & CTS No. Matching to be done be done be done be done • I) Approved Plan to be submitted I) Approved Plan to be submitted • J) Architect Report to be given J) Architect Report to be given • K) Search Report of the Advocate to K) Search Report of the Advocate to be given. be given. Under M O F A, 1963 Under M O F A, 1963 • Flat Owners get Statutory Rights Flat Owners get Statutory Rights • Can demand Building relevant papers Can demand Building relevant papers • Get the Agreement Registered Get the Agreement Registered • Agreement in Specific Format Agreement in Specific Format • Maintain property till society formed Maintain property till society formed PARTIES ON WHOM OBLIGATIONS ARE MADE APPLICABLE PARTIES ON WHOM OBLIGATIONS ARE MADE APPLICABLE Promoter Promoter Flat Buyer/s Flat Buyer/s Builder / Builder / 1. Individual, 2. Firm. 3. Company, 4. Assn of Persons, 5. Govt., 6. Semi Govt. 8. Local Authority 9. Trust 10. Society – u/SRA,1860 11. Co-operative Society u/ MCS A of 1960 12. LLP or any other person or group of persons. 1. Individual, 2. Firm. 3. Company, 4. Assn of Persons, 5. Govt., 6. Semi Govt. 8. Local Authority 9. Trust 10. Society – u/SRA,1860 11. Co-operative Society u/ MCS A of 1960 12. LLP or any other person or group of persons. Land Owner Land Owner Builder / Developer Builder / Developer Single Single Group Group OBLIGATION OF THE BUILDER OBLIGATION OF THE BUILDER Contractual Obligations Contractual Obligations Statutory Obligations Statutory Obligations 1. Register Agemt on Receipt of 20% 1. Register Agemt on Receipt of 20% 1. Enter into Agreement 2. Registration of Agreement 3. Receive the Flat Consideration 4. Hand over the Possession of flat as agreed 1. Enter into Agreement 2. Registration of Agreement 3. Receive the Flat Consideration 4. Hand over the Possession of flat as agreed 1. Register Agemt on Receipt of 20% 2. Complete the Building in all respect 3. Provide O.C., B.CC. 4. Provide Common Facilities 5. Water Connection 6. Electric connection 7. Disclose the information 8. Provide all Documents 9. Registration of Society / Legal Body 10. Providing Conveyance 1. Register Agemt on Receipt of 20% 2. Complete the Building in all respect 3. Provide O.C., B.CC. 4. Provide Common Facilities 5. Water Connection 6. Electric connection 7. Disclose the information 8. Provide all Documents 9. Registration of Society / Legal Body 10. Providing Conveyance ADVANTAGES OF ADVANTAGES OF CONVEYANCE CONVEYANCE • Transfer of Ownership Rights over the Transfer of Ownership Rights over the land it is constructed on land it is constructed on • All Commercial benefits come to Society All Commercial benefits come to Society • Appreciation of Property …….as also Appreciation of Property …….as also • Loan can be raised by mortgage Loan can be raised by mortgage • Balance F S I can be retained Balance F S I can be retained • Permission for redevelopment possible Permission for redevelopment possible Have you read something like this ? May be a very few cases ! . What in case if this happens? Don’t wait for a Situation Like this to Happen …… V Documents required for conveyance Documents required for conveyance • Society Reg. Cert : With Society Society Reg. Cert : With Society • Stamp Duty & Stamp Duty & Reg Reg Paid Proof : Each individual Paid Proof : Each individual • Agreement for Sale : Promoter to Purchaser Agreement for Sale : Promoter to Purchaser • Commencement Cert : Municipal Authority Commencement Cert : Municipal Authority • C C C / O. C : Concerned Authority to Builder / O. C : Concerned Authority to Builder • Approved Building Plan : Municipal Authority Approved Building Plan : Municipal Authority • 7/12 Extract : 7/12 Extract : Tahsildar Tahsildar / Concerned Auth / Concerned Auth • Form No 6 Mutation Entry : Revenue Office Form No 6 Mutation Entry : Revenue Office • Search Report / Title Clearance : Advocate Search Report / Title Clearance : Advocate • Index II : Sub Registrar of Assurances Index II : Sub Registrar of Assurances • Property Card : Property Card : Thasildar Thasildar • N A Order : Collector of Districts N A Order : Collector of Districts • Development Agreement : Land Owner to Builder Development Agreement : Land Owner to Builder • Conveyance Deed or Sale deed : Builder to Society Conveyance Deed or Sale deed : Builder to Society Mah.Ownership Flat Act, 1963 Mah.Ownership Flat Act, 1963 • U/s 11. Promoter /Builder to complete U/s 11. Promoter /Builder to complete conveyance of land & building to society conveyance of land & building to society • Promoter/builder to rectify, execute and Promoter/builder to rectify, execute and deliver all relevant documents of title deliver all relevant documents of title • Execute conveyance within 4 months from Execute conveyance within 4 months from • Execute conveyance within 4 months from Execute conveyance within 4 months from the registration of society the registration of society • U/s 13. Non U/s 13. Non-conveyance is an offence conveyance is an offence • Punishment :3 yrs Jail or fine or both Punishment :3 yrs Jail or fine or both PROMOTER” MEANS 1 [“promoter” means a person & includes a partnership firm or a body or association of persons, whether registered or not] who constructs or causes to be constructed a block or building of flats 2 [or apartments] for the purpose of building of flats [or apartments] for the purpose of selling some or all of them to other persons or to a company, co-operative society or other association of persons and includes his assignees ; and where the person who builds and the person who sells are different persons the term includes both; U/S11. TO CONVEY LAND AND BUILDING TO THE LEGAL ENTITY WITHIN PRESCRIBED TIME & DELIVER RELEVANT DOCUMENTS. U/S11. TO CONVEY LAND AND BUILDING TO THE LEGAL ENTITY WITHIN PRESCRIBED TIME & DELIVER RELEVANT DOCUMENTS. Legal Remedies Existing till 2005 Legal Remedies Existing till 2005 Quasi Judicial Authority as per MOFA-Amendment-2008 Quasi Judicial Authority as per MOFA-Amendment-2008 Civil Court U/Specific Relief Act, 1963 Civil Court U/Specific Relief Act, 1963 Amendment to Rules were made to implement the functioning of Competent Authority and MOF (Amendment) Rules, 2010 notified Amendment to Rules were made to implement the functioning of Competent Authority and MOF (Amendment) Rules, 2010 notified Consumer Court U/ Consumer Protection Act, 1986 Consumer Court U/ Consumer Protection Act, 1986 Criminal Court U/S-13 of MOFA 1963 Criminal Court U/S-13 of MOFA 1963 Dy.Dist.Regr, C.A notified as Competent Authority Dy.Dist.Regr, C.A notified as Competent Authority 11) AMENDMENT IN MOFA IN 2008- PURPOSE 11) AMENDMENT IN MOFA IN 2008- PURPOSE 1.To provide a Competent (Quasi Judicial) Authority in addition to existing Legal Remedies. 2. To order & Implement the remedial steps by Competent Authority in the common interest of flat buyers. 1.To provide a Competent (Quasi Judicial) Authority in addition to existing Legal Remedies. 2. To order & Implement the remedial steps by Competent Authority in the common interest of flat buyers. U/s 5A of MOFA not below the rank of (D D R) Dist. Dy.Registrar of Co-op.Soc. as per Notification Dated. 25-06-08, have been notified to be Competent Authority for their respective Jurisdiction U/s 5A of MOFA not below the rank of (D D R) Dist. Dy.Registrar of Co-op.Soc. as per Notification Dated. 25-06-08, have been notified to be Competent Authority for their respective Jurisdiction SCRUTINY OF APPLICATION & SCRUTINY OF APPLICATION & NOTICES TO PARTIES NOTICES TO PARTIES SCRUTINY OF APPLICATION & SCRUTINY OF APPLICATION & NOTICES TO PARTIES NOTICES TO PARTIES 1. 1. APPEARANCE & NON APPEARANC APPEARANCE & NON APPEARANC 2. 2. PRODUCTION & INSP. OF DOCUMENTS. PRODUCTION & INSP. OF DOCUMENTS. 1. 1. APPEARANCE & NON APPEARANC APPEARANCE & NON APPEARANC 2. 2. PRODUCTION & INSP. OF DOCUMENTS. PRODUCTION & INSP. OF DOCUMENTS. 3. 3. Parties to file relevant documents in of their say. 3. 3. Parties to file relevant documents in of their say. PROCEDURE FOR HEARING PROCEDURE FOR HEARING (a) (a) On receipt of reply from Opponent/s, the On receipt of reply from Opponent/s, the Applicant to prove his contents and deal with Applicant to prove his contents and deal with opponents reply. opponents reply. Opponent may file written say on next date. No Opponent may file written say on next date. No cross examination allowed. cross examination allowed. (b) On receipt of replies, CA may hear oral (b) On receipt of replies, CA may hear oral (b) On receipt of replies, CA may hear oral (b) On receipt of replies, CA may hear oral Arguments of the parties and close the Arguments of the parties and close the proceedings. proceedings. (c) (c) Within 6 months Within 6 months after making such enquiries , after making such enquiries , verifying the authenticity of documents and verifying the authenticity of documents and giving sufficient hearing giving sufficient hearing as per law of natural as per law of natural justice to the parties, pass such order as he justice to the parties, pass such order as he deems fit. deems fit. JUDGEMENT, ORDER & CERTIFICATE JUDGEMENT, ORDER & CERTIFICATE SPEAKING ORDER AND CERTIFICATE THAT THE APPLICANT CASE IS A THE APPLICANT CASE IS A FIT CASE ON GETTING UNILATERAL CONVEYANCE to be issued by the Competent Authority Registration of Deemed Conveyance • Prepare Deemed Conveyance deed & GET IT EXECUTED BY COMPETENT AUTHORITY. • Send it for adjudication – Stamp Duty • Send it for adjudication – Stamp Duty • Lodge for Registration with Sub Registrar • Sub Registrar to issue Show Cause Notice to Builder & Landlord & THEN register the Conveyance deed