Deemed conveyance of township

Dreamz Unlimited (Querist) 05 February 2023 This query is : Resolved
We have a township of 4 towers and a common podium area with parking beneath it. Can we go ahead with a deemed conveyance separately for 4 towers including podium. The builder had constructed 2 separate townships side by side (adjacent) to each other with separate names for both the townships. However it is unknown if he got them approved as 2 separate projects or got them approved as one single project from the municipal authorise. Our township has boundary walls what cover our area end to end on all sides. Request your informed opinion.

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This discussion explores the possibility of obtaining a deemed conveyance for individual towers within a larger township, including a common podium and parking. The key challenge is determining if the township was approved as a single project or two separate ones by the municipal authorities, especially since it was built 12 years ago and the builder has not yet executed the conveyance. The consensus is to first ascertain the original project approval status and then pursue conveyance for each tower, considering legal avenues if the builder remains uncooperative.

kavksatyanarayana (Expert) 06 February 2023
First, obtain whether it is approved as 2 separate units(names) or one from the authority concerned. The conveyance deed shall be obtained for each tower.

P. Venu (Expert) 07 February 2023
Why deemed conveyance? Please post the material facts.

Dreamz Unlimited (Querist) 08 February 2023
Thank you for your replies sir. The township was constructed 12 years back and the builder hasn’t done the conveyance. Hence the societies have decided to go for deemed conveyance. The only document that we are struggling with is to get the approved plan from municipal corporation. However our flat agreement clearly states that the project name is different from the adjacent project by the same builder.

P. Venu (Expert) 08 February 2023
Norms for deemed conveyance varies from State to State; moreover, many States have no provisions for deemed conveyance.

The builder has a strict obligation to execute the conveyance. And there are legal means to enforce the same. In my understanding, the best option is to adopt such measures unless the normal execution of conveyance is an impossibility.

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