Conveyance fraudulently sold by Builder to third party

Q: The conveyance to my society was not given by the builders. Although society already won a case against builders in civil court, the builder fraudulently sold the conveyance to third party and third part name is appearing in Index 2 at the registration office.
This was done by one of the partners of the builder and now society is forced to litigation in high court.
Can the society file for deemed conveyance under this circumstances or when matters are pending in High Court?
Please opine

7th May 2017

Legal in Mumbai

conveyance deed

importance of conveyance deed

if builder is not providing conveyance deed?

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Replies (2)

Yes, i am agree with Manish. As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance, and if Conveyance is not given by the Builder within four months from the date of registration of the Society, a case can be filed against the Builder to obtain the Conveyance.

Dayananda, Mumbai

9th May 2017

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Hi,
I think you should take the advice of a legal expert in this matter. As per Section 13 of Maharashtra Ownership Flats Act, 1963, failure to give Conveyance is an offence and the Builder can be imprisoned up to 3 years or fined or both.

Manisbapu, Mumbai

9th May 2017

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