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Although the Society is governed by the Maharashtra Cooperative Society (MCS) Act,
Rules and the Bye-
To obtain Conveyance from the Owner / Promoter (Builder) in accordance with the provisions of the Ownership Flats Act and the Rules made there under, of the right, title and interest, in the land with the building / buildings thereon.
Some of the main reasons that we have identified which according to our survey have surfaced as the main reason for the major delay in arriving at a conclusion for taking up the Conveyance matter are as follows.
In this regard, we advise that the selection of the professional for carrying out this act, the Society needs to ensure that the selected professional is experienced, knowledgeable and competent to carry out the job. There have been innumerable instances where the Society has suffered due to wrong selection of a professional, which not only deprives the Society of obtaining a proper Document but errors in the Document would result in further hard ships that would arise during rectification and corrections that would be required to be incorporated in the Document for no fault of the members. Apart from the excessive expenditure, the time and energy that would be wasted in carrying out the said job is not desirable and can be avoided.
Finally, in a situation where the Society, following the provisions of the Byelaws, carries out the procedure as laid down in the Model Byelaws, and wherein they are required to approach the concerned person/s to execute the Conveyance Deed in favour of the Society and where they encounter problems such as:
Although this kind of a legal action could produce the required results, which the
Society may consider, we do not advocate this remedy, as we are keener to procure
the Conveyance than imprison the Promoter (Builder) which we feel would not only
antagonize the opposite party but make things a little difficult for the common members
pursuing the matter. One of the other available legal proceedings, which are gaining
far more popularity as an affordable legal remedy, is approaching the Consumer Courts
with your grievances. Here, under the Consumer Protection Act, 1986, the Society
can file case for defective service. Since, once you purchase a flat, you automatically
become a consumer and as a consumer you enjoy certain rights and privileges, wherein
as a flat purchaser and member of a Co-
Once the Deemed Conveyance procedure comes into existence, we shall be able to comment on its outcome and effectiveness. As of today, we recommend that the Society appoints a professional consultant to assist and guide the Society to achieve the formalities for considering to move for procuring the Conveyance using any one of the above mentioned remedies. Considering our experience with a majority of the Societies where it is seen that documentation wise there are huge lacunas and lack of knowledge results in incomplete paperwork which prevents the Society from initiating the move to procure the Conveyance.
Conveyance is the right and privilege of every Society which comes into existence within four months of its formation. Considering the changing scenario in the real estate sector, expenditure for procuring the Conveyance would be comparatively negligible in comparison to the benefits the Society and its members would derive once Conveyance is procured.
For any kind of further details, you may contact our office on any working day to
procure information on the subject. We have expert professionals who would provide
the required information and assistance on the subject as per their availability.
You may call our office on 9920 710 710/ 76669 33344 on any working day between 10.00
am to 6.00pm for appointment or email us -