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Sham Phadnis (Service)     26 August 2011

Conveyance by builder/developer

Our society leased a plot from CIDCO and has engaged a Developer for construction. Developer has a right to sell the flats and accept consideration for the same. Some flats and shops are yet to be sold. However, Developer agreed for conveyance to society. Society sent a DRAFT conveyance document in Mar 2011. Now the Developer is reluctant to sign conveyance. Is there any procedure by which conveyance can be done in absence of the Developer?

If possible, can society sell unsold flats/shops?


 2 Replies

ajay sethi (lawyer)     26 August 2011

the builder must be reluctant to execute conveyance since some flats/shops are unsold . what is the reason given by builder for not executing co nveyance deed .if builder is not executing conveyance issue him a leagl notice for deficiency of service and file a consumer complaint .you cannot  sell unsold fats /shops /

1 Like

Sham Phadnis (Service)     26 August 2011

Sir, thank you for response.

Recently Developer sold parking slots to existing flat owners. Development agreement (not registered) between society and Developers is silent about rights for allotment of parking slots as legally slots can not be sold. Currently number of parking slots not allotted exceeds no of flats yet to be sold (1 parking slot planned for each flat). Society did not ratify the allotment of parking slots by Developer. Society thinks conveyance deems handing over rights including allotment of non allotted parking slots to society. Since Developer wanted the conveyance to happen, principally, it should be accepted by Developer. Developer maintains that allotment of parking slots is his right. This seems to be the point for reluctance by Developer to sign conveyance.

Request to elaborate grounds on which society can pull Developer to court . As the Developer has not sold all flats/shops, can we construe that he has completed his duties?

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