Transfer of name in 7/ 12 in ahmedabad

Querist : Anonymous (Querist) 22 December 2022 This query is : Resolved
Dear Team, I need to know that in whose name the land remain on which developer has constructed building and society is also registered. So does the land also needs to be transferred in members name of society name . Need your guidance on the same.

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Quick Summary

This discussion addresses the crucial question of land ownership when a developer constructs a building and registers a society. It clarifies that while developers sell the structure, the land ownership often remains with the original farmer unless specifically purchased. The process involves checking sale deeds, ensuring land-use permissions, and understanding how title is transferred to society members via documents like conveyance deeds, granting them rights to the land proportionally.

Sudhir Kumar, Advocate (Expert) 22 December 2022
Most of the builders buy farmer's permission to build houses and ownership remains with farmers. Since they did not purchase the land they cannot sell the land they can only sell structure.

Please get papers checked by lawyers doing "due diligence"

kavksatyanarayana (Expert) 22 December 2022
In the sale deed/conveyance deed, the undivided and unspecified site with built-up/plinth will be noted in the document. So all the owners have rights over the land site in the building according to their needs.

Dr J C Vashista (Expert) 23 December 2022
Who was titleholder of the land where builder has developed, constructed and society registered ?
Whether the builder has obtained permission from concerned authorities for land-use for construction / development ?
After completion of construction whether the builder has formed society / association as per law (it is a State subject) ?
On handing over possession of flat / house constructed by builder whether the title is transferred in the name of allottee /vendee (purchaser) ? If so, under which document it has been registered ?

Dr J C Vashista (Expert) 24 December 2022
It would be better to seek services of a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

P. Venu (Expert) 19 January 2023
Any suggestion depends upon the law as to apartments, as prevalent in the State.

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