Nimesh Patel (Properioter) 31 August 2014
Hello, I was tenant, developer approached us for redevelopment, he converted tenancy into ownership by deed of conversion, i had to pay Rs. 2,51,000/- for excess area, deed is registered,
There is provision of specific performance in deed,
Also it is mentioned this deed is governed by MOFA.
My question can suit for specific performance be filed under mofa. since it is a deed of conversion of tenancy into ownership and not sale deed?
Reagrds
T. Kalaiselvan, Advocate (Advocate) 05 September 2014
If the registered conversion deed clearly indicates title on your name and you are having a marketable title by this deed, what is your problem?, why do you need a sale again, in fact it was not a sale at all, it was conversion upon payment of amount as per agreement, so in my opinion, a separate sale deed will not be necessary to prove your title to the property.
Nimesh Patel (Properioter) 06 September 2014
Sir, I thank you for your view. Builder has sold my flat.
In deed of conversion of Tenancy into Ownership it is mentioned
A) Any party can go for specific performance.
B) It it is mentioned in deed that this agreement is under MOFA.
But legally will MOFA be applicable? in suit for specific performance of deed of conversion of Tenancy of into Ownership? Regards
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