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Sayed Maqsood Ahmed   20 April 2024

parking charges for 3 and 4 wheelers in a housing society

dear learned advocates

So far, no deemed conveyance and conveyance deed has been executed between our society’s MC and the builder/ developer. But our society is charging parking charges since the society’s premises are still in the possession of our builder.

would you please advise if it is legal for our society to charge parking charges to its members since the society’s is not so far the custodian/trustee of the society’s premises i.e in the absence of deemed conveyance and conveyance deed.

your immediate answer would be highly appreciated.

kind wishes


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

Is the society a registered body?

If not then how was the society formed. 

If it is a registered body then it has to follow the bylaws in this regard. 

The society can demand execution of the conveyance deed anytime subsequently. 


Sayed Maqsood Ahmed   21 April 2024

Respected sir

The society is registered under the Maharashtra Co-operative Societies Act 1970. But some far the society's premises is still in the possession of the builder after hand8ng over to the society in 2003.

Kindly enlighten when the conveyance deed or deemed conveyance is not done so far can the society still claim the open parking charges from the members who have 3 or 4 wheelers.

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

Deemed conveyance is a legal provision under Indian law that allows the transfer of ownership of immovable property from the builder or developer to the cooperative housing society or the apartment owners' association, even if the builder or developer has not executed the conveyance deed.

  • The society conveyance deed is an important document that establishes the society’s ownership over the land, building, and common areas, and it is required for any subsequent property transactions or redevelopment projects. The deed typically contains details of the property, such as its location, size, boundaries, and ownership, and is signed by both the builder or developer and the society’s authorized signatories.
  • It is important for the society members to ensure that the society conveyance deed is executed and registered in a timely manner, as it provides legal protection to the property and helps to prevent disputes or litigation in the future

A conveyance certificate is a legal document issued by the builder or developer of a housing project that certifies the transfer of ownership of the land and building to the housing society. This document is required for the society to obtain a conveyance deed and full ownership of the property. The conveyance certificate includes details such as the date of completion of the project, the name of the builder or developer, and the area of the land and building.

As your society is a registered body, it can very well initiate legal action as per law against the builder to get the conveyance deed executed 

Sayed Maqsood Ahmed   21 April 2024

Many thanks Respected advocate for your valuable legal views.

However I would like to reiterate that when the deemed or conveyance deed is not done can sociery lstill evy open parking charges to its members

Thank you in advance for your valuable reply

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