Ownership and pagadi system in same property ?
Prakash Chhadva
(Querist) 21 November 2011
This query is : Resolved
Can a Builder or developer keep Ownership and Rental (Pagadi system ) flates on same property
1. old 3 buildings constructed before 1947
2. redeveloped @1975 keeping one building structure as it is.
3. sold all new building flates on Ownership Bases with a clause to make old building flat tanents , member of society and issue share certificates whenever they are sold on ownership
4. Sold all / few of old bldg. flate on ownership to the old tenants of the same building with a clause to become member of the new society and take share certificate from new society
5. CHS made of new building flat owners @1978, no conveyance is done till today
6. one of the old landlord wants to sale the Property ( land along with new and old buildings ) to third party.
7. he also wants to divide the property ( Land )in two division, one with new building to be conveyed to new society and other with old building to be sold to third party.
8. he has already sold one gate of old building to a politician who made shop in gate
ajay sethi
(Expert) 21 November 2011
if cooperative society had been formed in 1978 why did the flat owners not make an application to competent authority for issue of deemed conveyance . if application had been made the competent authroty after issue of notice to builder and flat owners would have passsed an order for conveyance
Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who donot want to part with the land and the building in favour of the society.
M V Gupta
(Expert) 24 November 2011
I presume the querist is from Maharashtra. old tenats who have obtained ownership rights on their flats should immediately apply to become memebrs of the Society. You have stated that one of the old land lords wants to sell the property i.e., land and the old and the new building to a third party. He cannot do so,without the cosnsent of the other joint owners. Further as he has already entered into agreements for sale with the new flat buyers to convey the building and the land to the Society he cannot now make another agreemnt or sell the property to a third party. If the Land lord is making any such attempts the Society should issue legal notice calling upon him to desist from taking any such steps and asking him to convey the property as per the agreements executed with flat buyers and Finally take steps to file an application foe deemed conveyance under MOF Act, 1963.
