kartikpad

I have recntly taken posession of a flat in Nasik. This is a new construction in a builders society.I have taken posession but on enquring from the builder for execution of the conveayance deed I was told that this could be done only in mid 2009 after muncipal clearance and completion certificate is recieved. This is because the society comprises of 11 buildings out of which only 2 buildings hve been completed so far, and I have been told that conveyance deed can be executed only after the whole project has been completed. Can somebody advice me if this is a factual position or I am being taken for a ride?Would I be able to sell the flat in the absence of a conveyance deed?

Also when I booked this flat the Agreement for Sale was registered at the Registrar's office and Stamp duty paid 5 percent.Now that I have taken posession , is there any frsh registration that will need to be done. Everyone else that i know who has purchased property always does the registration proceedure after taking posession.

Pls advice me

vinodmishra

hi karthik,
all transactions that are done in maharastra are governed under the maharastra ownership flat act, the act clearly says that the developer has to form a co-opertive society once 60% of the total flats have been sold and the builder has to convey the land within 6 mnths to the society once the total project is completed and completion certificate is granted by the concerned competent authority.
in u r case since agreement for sale has been registered what is pending is conveyance of land to the society, which does not effects u r right of ownership of the said flat.
well if the society is formed u can very well sell the flat by taking an NOC from the society or if it is not formed u will have to take an NOC from the developer. Anyways the non conveyance of land will not affect the sale of flat u can sell d flat.
hope this helps
vinod

kartikpad

Thanks very much Vinod. Your post has cllarified all the doubts that were in my mind. Thanks very much indeed.

Regards
Kartik

sheetbhageria

Dear sir,

I am residing at bhayander mumbai suburb. Our building is 34 years old. We have gone through old agreement (with builder) there is no details such as 7/12, ulc details, certificate of complitions etc. At present we don't know how to make conveyance of said land in society name. Our society is registered. Three years back we got bill for N A Tax from Tahsildar. We contact to our Builder for payment of such N A Tax. But we have been told by him that you should pay the Tax because this your building and I am ready for make conveyance. After one year he died. When we contact to his son he told me that we are ready for making conveyans. You can prepare Conveyance deed and filled with registrar. We asked for papers of Building he reply that we don't have any paper of such building.

Now problem is that without any paper how we can make the conveyance of land in our society name.

You are requested to kindly guide us in this regard and send me solution as soon as possible. We will be very thankfull for your kind work.

Thanking you,
Yours faithfully
sheet bhageria

swapnil

i own a flat in navi mumbai. i wish to sell the flat. but banks are not giving loans due to non availabilty of conveyance certificate & cidco noc. what should i do? is it possible to get conveyance for my individual flat only. society is formed. but there is no action from society and builder. tripartiate agreement is available.plz suggest remedy. please email me at swapnil_kshirsagarhotmail.com