Thursday, 3 January 2013

Notice Letter to Builder & Land Owner for Conveyance Dee /Deemed Conveyance Deed Execution

Notice Letter to be printed on society letterhead separately & send to each partner & owner of Builder & Land Owner for Conveyance Dee /Deemed Conveyance Deed Execution format is as follows :-



By Speed Post / Register AD Post.
To,
[Name of Builder  & Address]

AND

[Name of All Landowner [whose name written in 7/12 Or Property Card] & Address]

Dear Sir/Madam,

Subject: - Conveyance of Land & Building in favour of the Society.

We are pleased to state that you had helped with the Formation of a Society in year _____ as per the terms of the agreement entered Into with the flat purchasers and as per the legal requirement of Section 10 of the Maharashtra Ownership Flat Act, 1963 by registering the Co-operative Housing Society of the flat purchasers. Your above compliances show that you are keen in fulfilling the legal requirements at the earliest.

Now, we would like to state that as per Bye-laws No. 5 [a] The main object for which Society has been registered is to obtain the Conveyance of Land and building in favour of the Society.

As per clause No. ___ of the agreement for the sale of Flat entered into with the flat purchasers, you are bound to give Conveyance/transfer the title of the land and building in the favour of the Society duly registered.

Furthermore, as per Section 11 of the Maharashtra Ownership Flats Act, 1963 under which you have constructed the building and Transferred the ownership of the flat purchasers, you are required to give the Conveyance of land and building within the prescribed time limit in favour of the society as per Rule 9 of the Maharashtra Ownership Flats Rules, 1961 within 4 months from the date of registration of the society which is ________

As you are aware that ___ years and ___ months have lapsed since the society has been registered and nothing has been done by you regarding conveyance, the society has decided to obtain the conveyance from you. Accordingly you are requested to give the following documents, so as to execute the conveyance deed at the earliest:

1.       Draft of Conveyance Deed.
2.       7/12 Ledger Extract/Property Card  & Mutation Entry [Village  form No. 6]
3.       N.A. Order.
4.       ULC Order.
5.       Approved Plan of the Building.
6.       Building Commencement Certificate.
7.       Building Completion Certificate.
8.       Occupation Certificate.
9.       Title Certificate & Search Reports of last 30 years
10.   Architect Certificate

You are requested to furnish the above details within 30 days from the receipt of this letter, so as to complete the formalities at the earliest. If you fail to do so Society will go in Deemed Conveyance Process at DDR, Thane Office to get the conveyance of land and building in the name of society.
Your cooperation will be higher appreciated by one and all and we will give the necessary cooperation /help/assistance as you may require in this matter.

Hoping for a better and longer term relationship.

Thanking You,

Yours faithfully,




35 comments:

  1. I am looking for notice format for intimating him of us being forced to pay common maintenance expense(lift/common area lighting/cleaning).its almost 3 years society has not been formed and builder is refusing to pay the maintenance expenditure.
    He ais claiming that that corpus fund which he collected from flat owners at the time of selling has all been utilised .He is not ready to give audited report for the same.
    It would be great help if you can provide me the sample letter for the same.

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  2. You have to register your society under Non Co-operation if builder is not forming Society. If you want quatation for Non-Cooperation you call me I will inform you on phone.

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  3. Sir - we want to send a Notice to our Builder for obtaining the OC "Occupancy Certificate". Can you send a draft notice for the same on my email id raj271074@gmail.com

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  4. write a letter on society letterhead to builder, architecture and local municipal authority to give the Original copy of Occupancy Certificate. If they do not reply then send Notice through Advocate to all three to give OC Copy.

    ReplyDelete
  5. Sir,
    First of all thanks a ton for starting such a forum. You are doing a commendable job.
    Our society has been registered in the year 2011. We now wish to go for land conveyance.
    The issue is there are some legal cases pending in court on land ownership issues, which were filed after all our flats were registered.
    We are being told by the builder that the OC is pending due to these pending litigations.
    I wanted to know whether OC is a mandatory document for Conveyance and whether the builder can deny cooperation in absence of OC.
    Another question is if in case builder denies cooperation can we still apply for Deemed Conveyance without having an OC.

    ReplyDelete
    Replies
    1. OC is not mandatory in Conveyance Deed or Deemed Conveyance Deed but you required CC for Conveyance Deed or Deemed Conveyance Deed
      If builder or land owner or both are not executed the Conveyance deed then on their behalf District Deputy Registrar [DDR] of Co-operative Society will sign on their behalf in Deemed Conveyance Deed and then deed is register in sub registrar of assurance office.
      In you case Conveyance Deed or Deemed Conveyance Deed is not possible since their is Court case going on for ownership of land so it is not clear who is owner of land. In Conveyance Deed no person will come for sign the document and in Deemed Conveyance Deed on first hearing all people who file case for ownership of land will come and inform the DDR that their is ownership case going on in Hon. Court. So DDR will close your file on first hearing.
      In my view you should go and find the Case No. and get all updates from court regarding the ownership of land. As soon as court order the ownership you can contact that person for conveyance Deed You may also ask the court to order the new owner for executed conveyance in your society favour.

      Delete
  6. Hi Sir,
    Thanks regarding such guiding blog creation.
    In my case building is having the CC but not OC. One year completed and again lot of time require to get OC. In this case I would like to take your recommendation regarding deemed society formation is advantageous or not. If deemed society is formed then what is the disadvantage? means weather builder will not entertain in getting OC in future?

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  7. Society formation will be advantageous. getting OC is builder responsiblety

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  8. please mail me the format of Notice to landloards in Maharashtra for Conveyance of Apartments as per Maharshtra act 1970

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  9. You can use same format for apartment conveyance deed. Replace society with apartment.

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  10. How to get conveyance done in respect of land and building by the builder in favour of co-op. society in Grampanchayat limits? with which authorities to follow up? And how to verify stamp duty on flats sold in the building and Land cost?

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  11. Send builder a noticto execute conveyance Deed. If he refuse file online application for Deemed conveyance Deed to your District Deputy Registrar of Co operative Society. Verification of Stamp Duty is done by Collector of Stamp of your district. Please contact that office.

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  12. Dear sir , my society is registered in 2013 , & builder himself asked our society to make conveyance deed & provided draft for the same. But many facilities yet to complete from him for which our society is not satisfied. Like total sq. mtr. area mentioned by him is physically exist or not ? water tank, connections has been shared another building . another building enterance & our entarance is from one gate . Enterance shown in his pamplet is not physically given . so many small points yet to clear & he is giving us pressure to do the same or cost of Rs. 150000 for making deed will have to bear the society members. We all r new in society , and don't have much idea. Pl. suggest if we told builders to fulfill our requirements then only will make wht will be next ? is any govt. dept going to ask him why he is not making conveyance deed of society ?. is it compulsory for us to agree that without proper facilities we should make conveyance deed? & who will bear the cost of making conveyance deed , whatever it may be ?
    pl. suggest.

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  13. file civil case against builder in city civil court regarding your pending work and other issue also ask the court to pass the order against builder to executed conveyance deed in favour of society

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  14. look at your agreement builder has already taken legal exp. and conveyance deed charges / society charges so you do not have to pay any money to builder

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  15. Dear Mr.Visariya,
    Could you please share your contact details as we need to discuss the process of getting O.C. in case builder is not co-operating to get the same from last 3 years.
    Regards,
    Mrs.Sankhe















    ReplyDelete
  16. In my case our society is registered but land owner has registered criminal case against the builder, giving this reason builder is not giving us the OC. Can i get part OC for my own flat from new Abhaya Yojna from TMC

    ReplyDelete
    Replies
    1. No you can not get part OC.

      Concept of Part OC. :-
      if project having say 4 wing then if 1 wing is completed the part OC is given to that wing. if 3 wing completed then part OC is given to 3 wing. and after all 4 wing completed then Full OC is given.

      Delete
  17. Thanks for the Replay,

    What will happen if our builder looses the case

    ReplyDelete
    Replies
    1. can not say anything as I not knowing anything about case between builder and land owner.

      Delete
  18. Can registered society issue share certificates flat owners without conveyance deed with bilder?

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  19. Sir, Our building consisting of 21 flats has received the OC in 2011. 7 flats builder had agreed to give to the land owners, however, there seems to be some issues between them. Land owners have occupied these flats but it is still in the name of the builder. 2 flats of the building belong to the builder's relatives. Builder is not forming the society and threaten us that if we don't pay the maintenance, he won't pay the electricity and water bills of the society and the same will be disconnected. Sir, kindly guide us how to make the society in the said set of facts

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  20. Dear Sir. My name is advani I am a chairman of housing society, we are 18 members in our society our builder is not willing to do convence deed we have decided to do on our own can you please suggest us how money we need to make convence deed. Pls inform best regards

    ReplyDelete
  21. Dear Sir. My name is advani I am a chairman of housing society, we are 18 members in our society our builder is not willing to do convence deed we have decided to do on our own can you please suggest us how money we need to make convence deed. Pls inform best regards

    ReplyDelete
  22. Dear sir I would like to issue a letter to our builder regarding the issue we are facing in building such security issue, water issue, cleaingless issue etc with all owners signatures and also want to add how much time he it would take to resolve via written.

    Kindly help me out to provide me any format which can help us out to improve our building environment as earliest

    My email id afbello2011@gmail.com

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  23. I am the owner of the land and builder had built the building with my permission but now after 30 years the society had sent me circular of deemed conveyance I don't deny for registration of the Society but builder had not paid me part payment of the land what can i do
    please reply

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  24. My society has 88 flats with registered society. However, some flat given to land owner from builder which are still in unsold. Can we proceed conveyance deed procedure exculding unsold flat or need to wait till sell of those flat.

    ReplyDelete
  25. I have book under construction building in vasai,builder has send me offer letter for possession and mentioned that If i don't take possession in 15 days he will charge me holding charges 600 per day.
    Builder doesn't have part oc/complete oc or cc ,Can he force any one to take possession without obtaining Occupation certificate and charge the holding charges to flat owners . I don't want to take possession without occupation certificate,Please suggest .

    ReplyDelete
    Replies
    1. ** I have booked a flat in under construction building in vasai .

      Delete
  26. We have purchased a flat about 5 years back and still the builder didn't hand over the common property after repeated asking for the said property. Illegally he acquired the common space and made some illegal construction in the ground floor (common area) and sold the property without our consent. Moreover, in the building layout it is clearly mentioned the provision for watchman's room and toilet, but he is denying to hand over that and trying to sell. For this long period he kept his own goods in the watchman's room. Without any security are facing lots of trouble specially regarding security issues. Moreover, whenever he is asked he rudely behaves. He didn't form any committee.

    Still now he didn't give us Completion Certificate (CC) and said he won't handover that. We are clueless and please suggest us what to do in this regard.

    ReplyDelete

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