Conveynce deed
sanjay
(Querist) 10 April 2014
This query is : Resolved
if deemed conveynce deed is taken by society deleting memebers from society actula memeber of sociery is 16 but at the time of taling deemede conveynce society declre th ddr that thereis only 12 memebers as 3rd floor of society is illegle they r not showing 3rd floor is there in society even they are issued share cerificate and all this thing to third floor flat owner after deemed conveynce order of ddr what wiil be third floor flat owners position ? that society has not disclosed to ddr that there is total 16 members are also society as third floor is illegle please advice
sanjay
(Querist) 15 April 2014
if deemed conveynce deed is taken by society deleting memebers from society actula memeber of sociery is 16 but at the time of taling deemede conveynce society declre th ddr that thereis only 12 memebers as 3rd floor of society is illegle they r not showing 3rd floor is there in society even they are issued share cerificate and all this thing to third floor flat owner after deemed conveynce order of ddr what wiil be third floor flat owners position ? that society has not disclosed to ddr that there is total 16 members are also society as third floor is illegle please advice
Devajyoti Barman
(Expert) 15 April 2014
query is simply repeated. Give detailed facts.
sanjay
(Querist) 15 April 2014
if society having total 16 members but at the time of taking deemed conveynce society showing deputy REgitrar of society is only 12 members to take a deemed conveynce as the rest four members of society is living on top floor which is illegle what eill be their legle position as member of society ?
is they r legly members of society registrar of society does not get understand that society having 16 members at the time of registration now at this time how it s become only 12 members? what action will be taken against society aswell as conveynce deed & DDR ? what is legality of conveynce ? if society escaped four members of society?
Kishor Mehta
(Expert) 17 April 2014
Sir,
Certain parameters have to be satisfied for a deemed conveyance. In your instance the following queries arise:
1] Is your CHS registered?
2] Do you have a registered deed to your flat? & the relevant share certificate of the CHS?
3] Do all the members of the third floor have their respective registered deeds? & the relevant share certificates of the CHS?
4] What makes you say that the third floor is illegal?
Please understand that the names of all the members of the CHS should be mandatorily included in a deemed conveyance deed, else the members whose names are omitted should challenge the legality of the deemed conveyance in a court of law.
Good Luck,
Kishor Mehta
sanjay
(Querist) 18 April 2014
oc & cc of building is only for ground +2 only therefore its illegle & as per campa cola u know conveynce is not possible for illegle top floor even after DDR passed order of deemed convence i think society has not disclosed third floor or hide the third floor from DDR The meber of third floor all r having registered their flat & stam duty also paid on time if they not included third flor in a deemed conveynce deed what shoul they do against society aswell as against that deemed conveynce deed
please suggest
ajay sethi
(Expert) 18 April 2014
it appears builder has done illegal construction . hence no OC / Cc for thrid floor . remedy of third floor members is to move consumer forum against builder for deficency in service . to direct builder to obtain OC for third floor flats .
