Deemed coveyance
sonu
(Querist) 22 April 2016
This query is : Resolved
Dear sir,
I live in a registered co-op society in thane city. C.C/ O.C all papers are in hand. our society's deemed conveyance process is ongoing in Thane DDR office. As per C.C and O.C plans, society (building A ) is situated on 2 final plot associated with land onwer's bunglow (building B).
( 810 + 820 = Final plot- 1630 sq.mts ). As per C/C & O.C society has plot area of 1300 sq mts. & land owner's bunglow has plot area of 330 sq.mts....after O.C obtained by both building, land owner built a boundary wall and done a partition between society( building A) and bunglow (building B ).. boundary wall is not shown in C.C plan and final layout .... we have recently done a land survey in which we came to know that we have only 1100 sq.mts plot area ( 200 sq.mts loss ) .....Land owner is not co-operating in conveyance process...His advocate put written say in which he said that final plots can not be sub-divided and he cant give land randomly to the society because it is final plot & F.S.I is calculated on total plot-final plot.
Decision is pending......
In this case what will society do ?
Is final plot can be sub-divided when land owner not co-operating ?
Guest
(Expert) 23 April 2016
I think I ans. this query some where again I put
1) This construction depends upon Land Area , the whole project including open space , car parking balcony etc. is decided taking land as single unit and then project approved.
2) Once construction over , if we try to divide land then whole Floor Space Index construction calculation will go wrong , there are chances some floor can become illegal etc.
3) So it is dangerous to partition land due to complexity of Development control rules under MRTP Act , Partition act is not suitable for such complexity
4) If conveyance you did not get then you are not owner of land and structure.
5) land survey must be private not done by city survey office under State Govt.
6) Only option remaining is to make that bunglow owner forceful member of cooperative society make him member and get all conveyance on society name
7) This I feel is only solution since from dual field . No other solution will work , it is technical matter and complexity of property law
8) MOFA flat definition is wide.
-----------------------------------------
Expert please guide looking at various law of Property and also Maharashtra Regional Town Planning Act and Development rules under it
P. Venu
(Expert) 23 April 2016
Any suggestion is meaningless when the decision from the court is awaited.
Rajendra K Goyal
(Expert) 23 April 2016
No advice / suggestion without referring full case file, discuss with your lawyer.
Guest
(Expert) 23 April 2016
District Deputy registrar of Co-operative Society have wider powers under Co-operative Act.
There are sets of rule when co-operative society is not made by builder that time people can form co-operative society under his orders. He can decide about members or people who are not willing to join Housing Co-operative society
Same regarding Deemed Conveyance. This Deemed conveyance to introduced few years back.
There are two further appellate authority above District Deputy Registrar. Higher authority have more power.
@ Venu Sir
Rightly said any suggestion is meaning less when decision is awaited . (In Maharashtra this matters are handled by different hierarchy and in Co-operative matters Civil Court there is bar of jurisdiction so matters move as per hierarchy under Maharashtra Co-operative society Act, Every state have different method )
Guest
(Expert) 24 April 2016
First message I made serious typing error and inserted wrong words accidentally , so author please read the message from forum again. Sincere apology for it .
This is Techno-Legal case . (As per my knowledge Indian Institute of technology which have started LLB for only engineers/technological background for them understanding this case is very easy).(Such courses are not there in traditional Law colleges but some enter law college for handling such matters or learning it) Others may take little time.
Case Analysis will be
1) Under relevant law this plot and whole area was re-arranged intentionally. Rather that area and dimension of each plot may be re-arranged.
a) Reason was to make area of each plot such that proper construction is possible . According to modern construction methods they had to keep space etc, for better human habitat. So town planning and area will be better. So authorities may have taken steps in that direction.
b) Modern town planning of urban area discourage close houses which can take form of slum (un-organised town planning) . So under relevant town planning Act and rules made thereof they give some advantage to people who construct on more area.
c) When Building or structure is constructed on larger area then that construction can maintain various amenities and human habitat will be better
d) This Builder took advantage of all such facilities and did construction and took privileged under relevant construction law (Town Planning Act ) and rules
e) After taking all privileged he felt like maintaining his privacy , now since he took privileged authorities will not allow to divide the plot , make plot small etc.
f) Partition act is there , but this act solely used here will lead to big calculation problem under Town Planning Act and rules , so it is not feasible , rather dangerous to all legally.
g) Builder then constructed wall between society and his bungalow for privacy sake and for more space.
h) Now Land again can not be divided so he is not allowing to do conveyance as he will loose freedom.
i) This thing may have happened at starting unintentionally due to lack of techno-legal thought but now he may have come up if I don't give conveyance after 30-40 years again I will have right to reconstruct building and thus tactfully keeping that whole property with himself , and eventual control.
This is the case
-----------------------------------------
1) I again thinking and analyzing only solution taking all laws into consideration into technical law (Town Planning Act and rules thereof) I conclude making that bunglow forceful member of society is only solution
2) Maharashtra co-operative society law (Act rules ) have given power to authorities regarding non-co-operative members who are not willing to become member of housing society inspite FSI consumed by them .
3) You need to change internal bye - laws of your society in future so his bungalow has sufficient privacy and no stress of heavy maintenance.
4) You can also think of allowing him freedom to pay very small charges to society and on other hand it will be his botheration about repairing of his bungalow etc.
5) This is only workable solution from Techno-legal angle .
Guest
(Expert) 24 April 2016
This will solve problem for 30- 40 years but I forecast after 30-40 years again there will be dispute at time of reconstruction .
That time tell him you take terrace flat and keep quite .
Guest
(Expert) 24 April 2016
Your query was very helpful to understand future problem .
1) Now Proposal is there to introduce Cluster system. It will be benefit certainly as better human habitat will be there. Under Cluster system more FSI is proposed for Cluster Project.
2) But after taking all benefits of cluster system builders moving under Partition act to divide land , in vested interest.
New generation legal problem (Such problems where not there 10-20 years ago)
