Main Object of the Society: As per Bye law of the Society, Conveyance of land and building in favor of the society from the original landlord and the builders/ developers.
After Formation of the Co operative Housing Society, it is the responsibility of both the Management Committee and Developers to complete the Conveyance formalities.
As per Bye law to obtain the conveyance and to take necessary steps to obtain the Conveyance it is the duty of the Management Committee.
Builder Promoter is responsible to execute Conveyance Deed within 4 months of the registration of the society.
As per Section 11 of MOFA 1963 not executing a Conveyance is a criminal offence.
The Builder lost his right of further construction after the formation of the Society.
Society shall be the beneficiary of FSI/TDR even if no Conveyance is executed.
Legal Forum to get justice:
Co operative Court: Deemed Conveyance
Civil Court: obtaining the Conveyance under Specific Relief Act.
Magistrate Court: criminal offence under Section 13 of MOFA.
Consumer Court: Deficiency of services under Consumer Protection Act.
Thanks & Regards
Sachin Jagtap
9823369901/9730575868
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