Deemed Conveyance without builder and onwer
Kirankumar
(Querist) 07 June 2011
This query is : Resolved
Respcted sirs,
plz give me legal expert opinion on following issues.
HISTORY
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1) That one builder intending to redevelope the one society.
2) Total plot area is about 30,000 sq.ft. in which, in half part, there is concern society constructed on 15,000 sq. ft. long time back, and all members of society is ready and given assent to builder to redevelope the scheme.
3) in other half part there is bunglow of plot owner in about 10,000 sq. ft and one other small scheme in that part about 5000 sq.ft.
4) The society has given their assent to redevelop. But the builder has not executed yet Conveyance Deed.
5) And the Owner is also reluctant to execute the Conveyance Deed to the concern society. As he came to know the fact that concern society is tryring to redevelope and he is desirous to get share in that redevelopement.
6) The present society constructed long time back and the occupant of said society residing from many years in that society.
7) Meanwhile the owner revoked Power of attorney, which was given to builder. Though Builder has constructed that society long time ago on the basis of POA and Developement agreement and created many interests in that plot or society and from last many years society members are living in that society.
8) After revocation of POA by Owner no one has intiated any legal or any other proceedings against each other.
ISSUE
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My queries is as follows:
1) Can we execute Deemed Conveyance Deed in favour of society without Builder as well as Owner.
2) Can we redevelop that society even after revocation of POA ( Power of Attorney )by Owner only on assent of the Society Members, then what will be consequences.
3) Can we redevelope the said society without any constravesy or hurdle by owner or Builder.
4) In such circumstances, what rights will be availabe to the Society (Flat Purchasers) about Deemed conveyance or redevelopement or any other rights from owner or builders.
5) What rights will be available to the Owner after cancellation POA against society and New Builder ( who is redeveloping the same soceity)
6) Can we get sanctions, commencements Certificate or completion Certificate from Municipal corporations or any other authority for redeveloping the society.
7) Can we file suit in Civil Court to resolve the matter, for performance of conveyance. Or can we file suit for declare void of revocation of POA and compell to owner and builder to conveyance.
Please guide me with comprehensive evalution with in the light of all legal as well as technical consequecnes.
I will be very thankful to you for the same.
Adv. KK Raghuwansi
R.Ramachandran
(Expert) 08 June 2011
Dear Mr. Raghuwansi,
What you ultimately want is a workable solution and not legal academic answer.
It would be better for you and the society etc., to sit together and come to a solution. In that process, you can take the help of a local lawyer. Even if you have to go to Court, you have to show all your documents to a lawyer and discuss with him. Therefore, it would be better to approach a local lawyer and discuss things with him.
