Conveyance
Aditya Panikkar
(Querist) 13 November 2015
This query is : Resolved
'A' is the absolute owner of a larger plot and had entered into an agreement with 'B' where A gave B full, complete, absolute and irrevocable right to develop and construct and sell a part of the larger plot.
Later on 'B' entered into a development agreement with 'C' and assigned him the same rights for the same plot that 'A' had given to 'B'.
'C' completes the construction and enters into various agreements with the purchasers.
The purchasers have formed a Society and are asking for conveyance with respect to the part of the larger plot where the building is situated?
Whom will they have to approach 'A', 'B' or 'C'?
Anirudh
(Expert) 14 November 2015
You are asking something without first understanding the correct legal position.
Please indicate whether your registered document conveys to you the flat with its proportionate share in the undivided land underneath or not?
Rajendra K Goyal
(Expert) 14 November 2015
All the documents / agreements need to be referred, consult local lawyer.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 November 2015
This is field Mumbai and hence specifically reply as follows;
1) Conveyance is mainly responsibility of plot owner to transfer then of developers as per MOFA ,section 11
2) Fist they have to approach C then B, then A. In fact all the three have to be issued legal notices to transfer right, title n interest to society/members.
If u wish u may contact : 9869400938. Mumbai
Hemant Agarwal
(Expert) 15 November 2015
1. IF the "entire" portion of the "larger plot" is consumed while constrution, ONLY THEN the Society may demand for transferring "conveyance" in favor of the Society, ELSE the Society has to initiate due procedure of law, to demarcate the specific portion of the "constructed area", has may be defined in the sanctioned plans of the constructed Building. Without "DULY" demarcating the specific developed & consstructed land, Conveyance procedures will be infructous & junked out.
2. "B" & "C" are not Land Owners, BUT only "developers", holding "development rights" AND NOT "ownership rights", and have nil lawful authority to convey the conveyance of the Plot of Land, to anybody. However this criteria needs to be scrutinised by checking the "development agreement" executed by "A" (land lord).
3. In other circumstances, the Society has to initiate "conveyance procedures" against "A" and "JOIN" both the developers as "confirming party" to the legal proceedings for "conveyance procedures".
Keep Smiling .... Hemant Agarwal
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