can a building go for redevelopment without conveyance in mumbai?

mrs chhatwal , Apartment Resident

2nd March 2014

Real estate News in Mumbai

conveyance deed

deemed conveyance

redevelopment without conveyance

maharashtra ownerships flats act

mofa

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Replies (5)

As per the provisions of section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organization of persons who had bought the flat.

The Conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).

Ravi Waghmare, Mumbai

22nd January 2015

Comment

You are right Ravi,
There are 3 options for getting conveyance through builder, through court cases or through deemed conveyance. As per the law, the builder or developer is supposed to provide conveyance for a CHS within 4 months of establishing the CHS. Therefore, one can safely say, 4 months after setting up a CHS, it is suppose to have a conveyance in place.

Bikram, Mumbai

22nd January 2015

Comment

To avoid major problems in future, or to avoid problems such as Campa Cola compound residents, all CHS members need to first resolve the issue of becoming legal title holder of the land through conveyance deed or deemed conveyance. Otherwise when things go wrong, like in the case of the collapsed Laxmi Chhaya building from Mumbai, it poses a serious risk to your most valuable asset and probably your biggest investment.

Ravi Waghmare, Mumbai

22nd January 2015

Comment

Mrs Chhatwal,

In my opinion, the answer is NO, as the property is not yet conveyed in the name of the Society. You can get the rights of Promoters and Owners transferred in the name of Society by following process of Deemed Conveyance.

Vijay kulkarni,

13th October 2014

Comment

Namaste Mrs Chhatwal ji,
Presently many buildings are under going redevelopment work in Mumbai. The existing buildings are getting demolished and paving way for new structures. The decision for redevelopment is entrusted with the builder who undertakes the redevelopment works.

Rakshit, Mumbai

3rd March 2014

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