Conveyance of the Real Estate Project and tranfer of project Land

Описание: Coveyance of the real estate project, deed conveyance, docuemnts for coveyance, when coveyance can be done, how to proceed for conveyance
Section 11(5) of the Maharashtra Ownership Flats Act (MOFA) deals with the registration of a "deemed conveyance"; it mandates that a Sub-Registrar must register a conveyance deed even if the promoter refuses, after a Competent Authority issues a certificate, provided formal requirements (like stamp duty) are met, essentially giving the promoter a final chance to object on statutory grounds, not re-examining the merits, ensuring flat owners get title transfer.
Key Aspects of Section 11(5) & Deemed Conveyance:
Purpose: To secure legal title for flat owners when the builder fails to transfer property rights (land and building) to the housing society.
Process Trigger: A society applies to the Competent Authority (CA) for a certificate if the promoter defaults.
CA's Role: The CA investigates, issues a certificate, and sends it to the Sub-Registrar.
Sub-Registrar's Duty (Sec 11(5)):
Issues summons to the promoter to show cause against registration.
Gives the promoter a hearing.
Cannot act as an appellate authority to re-judge the CA's decision.
Must register the deed as a deemed conveyance if no statutory obstacle (like pending court stay, encumbrance issues) is shown.
Outcome: Ensures flat purchasers get their rightful title, preventing delays by recalcitrant builders.
In Simple Terms: If your builder won't give the society the property title, you go to the Competent Authority. If they agree and issue a certificate, the Sub-Registrar has to register it as a "deemed conveyance," transferring ownership, even if the builder protests, unless there's a legitimate legal reason (like an existing court order) not to.
Section 11 in The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 19...

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