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Deemed conveyance

(Querist) 22 January 2018 This query is : Resolved 
Our Cooperative Society is part of a Special Township Project in Pune Maharashtra. The Society was formed on 24th January 2017. It is one year now and the Builder/ Promoter has not executed the Conveyance as yet. The argument put forward by the Builder/ Promoter is that in the Agreement to Sell the Purchasers have given unconditional consent to allow the Builder/ Promoter to execute conveyance after the development of the entire Township is complete, which may go on for another 10 years or more. The Purchasers have no choice to ask for an amendment in the Agreement to Sell as the Builder/ Promoter is in a dominant position and leaves no choice to the Purchaser.
Can our Society apply for Deemed Conveyance?
Kishor Mehta (Expert) 23 January 2018
In the usual course the builder is supposed to execute a Conveyance deed within 4 months of the registration of the Society. However the terms, conditions and covenants of your registered agreement with the builder are applicable.
Guest (Expert) 23 January 2018
Yes, deemed Conveyance can be obtained as a legal remedy against the defaulter builder/ landowner who do not want to part with the land and the building in favour of the society. So, instead of waiting for an indefinite period, the aggrieved parties can proceed for deemed conveyance by appearing before the Designated Competent Authority, who after hearing all the parties may pass the necessary order of conveyance.
Guest (Expert) 23 January 2018
Very good proposal. Your society can apply before the designated authority.


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