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samir kulkarni (Proprietor)     03 June 2014

Changes in form 7/12

Hi,

I am a resident of a co operative hsg society in Ahmedabad. The society was constructed in 1982 i.e the Builder (A PARTNERSHIP FIRM FROM BOMBAY), who was the original owner of the land executed the sale deed of the land in favor of the co op society in 1982. unfortunately,  necessary changes in form 7/12 and 8A were not done then and are still pending. I recently approached the concerned authority for the same. i was asked to provide the certified copies of the sale deed and the index and was also asked to provide the address of the previous owner(The Builder). not able to trace the whereabouts of the builder's address, i approached the concerned authority and discussed the possible remedies.  to my utmost surprise, the authorities told me that finding the address of the builder (previous owner, who's name is reflecting in the current land record) is very important as a notice will have to be sent to him regarding the changes to be made and if the builder does not respond to the notice of does not consent to the requested change in ownership records. the request will be denied, irrespective of the fact that a sale deed has been executed by the builder in favor of the co op hsg society.

Also, this whole procedure will take 90 days and post this time only will the authorities be able to confirm whether the changes are being inculcated or are being rejected.

Please guide as to the possible remedies to the whole issue considering the fact that tracing the previous owner will be extremely difficult/Impossible as probably the firm might also have been dissolved and the then partners might not be traceable individually.  A quick response will be extremely helpful.

p.s: the current chairman/secretary of the society are also unaware of the whereabouts of the builder.

Thanks and regards,

Samir Kulkarni

 

 



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     04 June 2014

You can find out the certified copy of the sale deed from the local Sub Registrar Office (where the property is situated).  If the vendor (seller) is not available in the address shown in the sale deed.  You have to make search for him through various sources. Still if he is not found then the revenue authorities will send notice to the address mentioned in the sale deed.  If it is returned unserved then they will publish a Public Notice the news papers and then they will change your name in 7/12.

T. Kalaiselvan, Advocate (Advocate)     05 June 2014

You have not initiated any action in this regards for so many years after purchase but you are worried about the 90 days time now (?),  You have to adhere to the formalities prescribed by the competent authority for the purpose because the rule is common to all whether the society or any individual.


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