tag:blogger.com,1999:blog-8959879868282949107.post252610983194434008..comments2024-03-29T17:58:01.224+05:30Comments on Mowing the Law: Deemed ConveyanceMowing the Lawhttp://www.blogger.com/profile/05823980093471628205noreply@blogger.comBlogger35125tag:blogger.com,1999:blog-8959879868282949107.post-45833949104789955012016-02-27T16:24:08.819+05:302016-02-27T16:24:08.819+05:30Excellent sharing!As long as the Conveyance of the...Excellent sharing!As long as the Conveyance of the property is not the subject matter of the suit, your Society should have no problem in obtaining permission of the court i.e. in this case the Sessions Court.<a href="https://www.nbmlaw.co.uk/" rel="nofollow">Residential Conveyancing</a> RubyapShttps://www.blogger.com/profile/01486204015887165632noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-66300223629931931542016-02-07T11:39:10.978+05:302016-02-07T11:39:10.978+05:30Thanks for providing information was of great help...Thanks for providing information was of great help for my needs keep posting content related to <a href="http://www.pkmgcorporatelaws.com/pages/fema-17" rel="nofollow">Private Equity Firms India</a><br />Anonymoushttps://www.blogger.com/profile/02880279193738117102noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-58796089467280335052015-09-06T21:04:07.605+05:302015-09-06T21:04:07.605+05:30We are about 250 members of society. How many min...We are about 250 members of society. How many minimum member's approval required for deemed conveyance.Manoj Mulajkarhttps://www.blogger.com/profile/13335305467628902862noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-50410721931764640752015-03-13T17:44:42.597+05:302015-03-13T17:44:42.597+05:30Hello,
A system of conveyancing is usually designe...Hello,<br />A system of conveyancing is usually designed to ensure that the buyer secures title to the land together with all the rights that run with the land, and is notified of any restrictions in advance of purchase.<a href="http://www.providentestate.com/residential-properties-rent.html" rel="nofollow">dubai rental properties<br /></a>Anonymoushttps://www.blogger.com/profile/16476101955056573456noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-37303648023074068722013-12-02T02:28:49.040+05:302013-12-02T02:28:49.040+05:30yes you do. and it is not an easy task . you will ...yes you do. and it is not an easy task . you will need a bunch of papers for that .kiran pachpandehttps://www.blogger.com/profile/09461644436350585333noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-6379290735975741692013-10-04T15:45:21.621+05:302013-10-04T15:45:21.621+05:30Dear Team of Mowing the Law,
We are a registered ...Dear Team of Mowing the Law,<br /><br />We are a registered co-operative Society In Bhayander (Dist : Thane) and have submitted the Application for Deemed Conveyance before DDR, Thane.<br /><br />After the scrutiny, we have received 8 objections which we have to comply. These objections are concerned with the documents to be submitted to them. One of the Objection is NOC from Estate Investment Company Pvt. Ltd who is the owner of the Land.<br /><br />I contacted the said company's manager and he informed me that NOC charges are Rs.100 per sq ft area. Our Building is situated on an area of 6,500 sq. ft.<br /><br />Thus my question is whether is liability is compulsory? <br /><br />Regards,<br />(Secretary)Anonymoushttps://www.blogger.com/profile/15637217656024001143noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-38734621879435907182013-09-08T09:41:29.782+05:302013-09-08T09:41:29.782+05:30can we do the deemed conveyance if some of the mem...can we do the deemed conveyance if some of the members not registered their agreement and are not ready to do so please adviseAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-28051273189551243432013-08-18T12:57:17.975+05:302013-08-18T12:57:17.975+05:30Dear Mr. Iqbal,
Yes. This question has come up on...Dear Mr. Iqbal,<br /><br />Yes. This question has come up on our blog several times before. Even though the suit is pending before the Courts, Deemed Conveyance is still possible. As long as the Conveyance of the property is not the subject matter of the suit, your Society should have no problem in obtaining permission of the court i.e. in this case the Sessions Court. At the outset it seems you have a good case since you have most of the requisite permissions. <br /><br />The problem is most cases we see is that litigant Societies go for Deemed conveyance through agents and touts to save a bit of money instead of going through a proper Advocate. Some Societies even hire CAs who are only interested in advance fees but have no clue how to proceed with the matter when they hear of things like court matters, legal encumbrances etc. On the other hand, builders always have the best of legal counsel on their panel who can prolong such matters indefinitely. Hiring a good decent lawyer is not at all expensive, can save a lot of money in the long run and can get an order for Deemed Conveyance in about 4-5 months.<br /><br />Though our blog is primarily for knowledge and informational purposes, seeing as to how laymen are taken for a ride by moneymaking racketeers like the aforementioned agents, touts etc., we have after a survey of many Societies and Advocates, made a list of genuine and reputed Advocates who have a good track record at these matters and are of a good standing in the office of the DDR. Please let us know if you want the list, please email us at mowingthelaw@gmail.com.<br /><br />Best Regards,<br />Team of Mowing the Law<br /><br /><br /><br />“If you think hiring a professional is expensive, wait till you hire an amateur” - Red Adair<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-6751496053198168652013-07-29T16:37:37.832+05:302013-07-29T16:37:37.832+05:30We are 7 memebers registered society in koparkhair...We are 7 memebers registered society in koparkhairane sect 19<br />We are planning to go for the deedmed conveyance as land owners legal heris are not ready to give NOC / and asking for 1.5 lac as amount<br />1. We have 12.5% plot cidco leased<br />2. Society Regiseted , OC is available<br />3. 170 sq ft plot area<br />4. Development agreement is available<br /><br />In above scenerio can we apply for the deedmed conveyance<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-91420319634316847332013-07-25T10:55:55.934+05:302013-07-25T10:55:55.934+05:30If the Govt was that good India would be the Great...If the Govt was that good India would be the Greatest Country, Govt will make life diffcult for the common men and Easier for the Politician, You see how all Political parties United on the RTI, so people judge for your selvesAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-55108263102680929242013-06-06T08:48:41.512+05:302013-06-06T08:48:41.512+05:30we have applied for the deemed conveyance at DDR, ...we have applied for the deemed conveyance at DDR, when DDR issued notice why conveyance have done ?,he( BUILDER) suddenly replied that the said property is disputed and suit is going in session court of Mumbai.<br />the society have all documents from IOD, C.C., O.C. 30 YEARS OLD SEARCH CERTIFICATES ISSUED BY BUILDERS ADVOCATE AND BUILDING PLANS, ARCHITECTS CERTIFICATES, LATEST PROPERTY CARD ,7/12 AND SO MANY ADDITIONAL DOCUMENTS. 100% REGISTERED MEMBERS DULY PAID STAMP DUTY & REGISTERED EVEN SOCIETY HAD PUT PUBLIC NOTICE IN THE LOCAL NEWS PAPER BEFORE APPLYING FOR THE DEEMED CONVEYANCE, NOBODY RESPONDED.IN THIS CONDITION CAN WE GET DEEMED CONVEYANCE?<br />SHAH JAMALiqbalhttps://www.blogger.com/profile/00309243912158756804noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-30566715967765277782013-06-05T15:49:36.551+05:302013-06-05T15:49:36.551+05:30Dear Sir, Thank you very much for your guiding rep...Dear Sir, Thank you very much for your guiding reply. <br /><br />Can you please further guide us regarding how we can know the required transfer fees amount and how we are to pay it if CIDCO is not helping us ?<br /><br />Thanking you again in anticipation. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-73023638346352484842013-04-18T16:22:46.903+05:302013-04-18T16:22:46.903+05:30Dear Mr Advocate Sushant Shetty
Thankyou. Dear Mr Advocate Sushant Shetty<br /><br />Thankyou. Anonymoushttps://www.blogger.com/profile/17236646778741711533noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-50643285543262611952013-03-24T12:44:00.039+05:302013-03-24T12:44:00.039+05:30Dear Mr Mehata,
The Maharashtra State Budget 2013...Dear Mr Mehata,<br /><br />The Maharashtra State Budget 2013 announced on the 20th March, 2013 has clearly stated that if proper stamp duty has been paid on a registered agreement to sell treating it as a deemed conveyance then the subsequent conveyance deed will be executed on Rs.100/- only. This would apply to Deemed Conveyance in favour of Society also. Article 25 is soon being amended to reflect this. Please bring this to the attention of the Registrar/Sub-Registrar concerned. I expect that they have been notified of this much in advance. <br /><br />Regards,<br />Sushant Shetty,<br />Advocate.Sushant Shettyhttp://in.linkedin.com/in/sushantlawnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-65168735759638636342013-03-24T00:33:21.121+05:302013-03-24T00:33:21.121+05:30Dear Mr Advocate Sushant Shetty
Let me first than...Dear Mr Advocate Sushant Shetty<br /><br />Let me first thank you for your reply. <br /><br />In furtharance with the query : <br />You have mentioned in your reply that <br />Like regular conveyance, even on deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and have done the registration of their respective flats.<br />Is this under the Bombay stamp Act.<br />If yes, under which clause/article ....<br /><br />Or can you please provide with relevant case laws or a supporting document stating the same. <br /><br />The registrar at our end is not accepting the logic of Rs 100 per flat. <br />He says Article 25 explanation says <br />Provided further that, where subsequently a conveyance <br />is executed in pursuance of such agreement of sale, the <br />stamp duty, if any, already paid and recovered on the <br />agreement of sale which is deemed to be a conveyance, <br />shall be adjusted towards the total duty leviable on the <br />conveyance.]<br />ie. Calculate stamp duty payable on each flat at the day of conveyance and subtract stamp duty already paid. Balance to be paid at the time of conveyance. <br /><br />How do I make him understand about this. <br /><br />Regards <br />Amitabh MehataAnonymoushttps://www.blogger.com/profile/17236646778741711533noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-72025604687205730002013-03-20T22:40:25.800+05:302013-03-20T22:40:25.800+05:30Dear Mr. Mehata,
It would be my pleasure to answe...Dear Mr. Mehata,<br /><br />It would be my pleasure to answer your queries and here they are ad seriatim:<br /><br />(a) Yes. The Stamp Duty will be applicable as in the case of a regular Conveyance in favour of Society. <br /><br />(b)Like regular conveyance, even on deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and have done the registration of their respective flats.<br /><br />(c) The stamp duty will be borne as per what is stated in the Development Agreement between the Society and Developer. <br /><br />Regards,<br /><br />Sushant Shetty,<br />Advocate.Sushant Shettyhttp://in.linkedin.com/in/sushantlawnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-16714428426895702132013-03-19T11:26:56.300+05:302013-03-19T11:26:56.300+05:30We are a registered hsg. coop. soc.
We are trying ...We are a registered hsg. coop. soc.<br />We are trying to get conveyance of the Residential cum Commercial CIDCO tender plot from the builder , while doing so we came across that the Builder has not registered the Agreement to lease of the plot taken from CIDCO. And now for conveyance we require the registered Agreement to lease for which stamp duty is currently 5% of the Premium value of the plot. All members of the society have paid stamp duty on their respective flats/Office. My query is " Can our paid stamp duty which clubbed together is more than the 5% of the stamp duty on the Premium of the plot be considered for the deemed conveyance ?" Please advice and Oblige. <br /><br />Vishal Shah<br />shahvishal20@gmail.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-70540165219139889852013-03-15T14:23:30.519+05:302013-03-15T14:23:30.519+05:30Respected Sir
We would be much obliged if you cou...Respected Sir<br /><br />We would be much obliged if you could elaborate on the stamp duty issue involved in deemed conveyance process. <br />a) Whether stamp duty if any is applicable.<br />b) How to calculate how much stamp is attracted if any ? <br />c) Who will be responsible to bear the stamp duty amount? <br /><br />Anything else you feel appropriate and related to stamp duty issue in deemed conveyance. <br /><br />Amitabh Mehata<br />Green View Co-operative Hsg. Soc.<br />Magarpatta Hadapsra Pune.<br />amitabh@spectrum.edu.inAnonymoushttps://www.blogger.com/profile/17236646778741711533noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-13741900594087886852013-03-12T15:26:44.555+05:302013-03-12T15:26:44.555+05:30Hello,
As far as sale/purchase of flats on CIDCO ...Hello,<br /><br />As far as sale/purchase of flats on CIDCO plots are concerned, NOC is no longer mandatory and there is a deemed NOC in such a case. <br /><br />However, in your case where the Builder is assigning the rights he has derived under the Lease Deed between himself and CIDCO, an NOC from CIDCO will need to be obtained. However, since there has been no feedback from CIDCO, then in accordance with Rule 10 of Navi Mumbai Disposal of Lands (Amendment) Regulations, 2008, it would be perfectly legal for you to go ahead with the conveyance i.e. assignment of lease in favour of the Society if you have - <br />(a) paid the requisite transfer fee and <br />(b) if you mention in the conveyance i.e. assignment of lease that you agree to perform and observe all the conditions stipulated in the original Lease Deed.<br /><br />Before you go ahead with this, by way of abundant caution I would advise that you first send a 45 days legal notice by R.P.A.D. to CIDCO stating your aforementioned intent.<br /><br />Best of luck.<br /><br />Regards,<br /><br />Sushant Shetty,<br />Advocate.Sushant Shettyhttp://in.linkedin.com/in/sushantlawnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-87335250196944693862013-02-25T10:16:01.075+05:302013-02-25T10:16:01.075+05:30Respected Sir,
We are a registered hsg. coop. soc...Respected Sir,<br /><br />We are a registered hsg. coop. soc. <br />We are trying hard to get the conveyance of the plot from the builder for last 1 year.<br /><br />1)Our builder is ready to sign the conveyance deed in favour of society.<br /><br />2) We have all the papers as required by the regulations.<br /><br />3) Our society has submitted all the papers to CIDCO to get clearence for conveyance before almost 1 year. But Cidco has not issued the NOC to us till date and no reason for it is communicated to us. We are following-up the case with cidco regularly. They simply do not comment on the issue pending. <br /><br />4) At the same time, cidco has been asking us get the conveyance as early as possible when actually they have withheld the NOC for the same.<br /><br />Over and above it all, we have recd. a letter from CIDCO / Registrar's office which includes a letter from Hon. C.M. (Maharashtra)'s office asking us to get the conveyance done and describing the benifits of the conveyance and how the government and Cidco has made provisions to help us in this matter.<br /><br />Now in this case what is the option before us ? <br /><br />Is not there any time limit for the CIDCO to issue the NOC or refuse it ?<br />Is there any provision to assume the NOC (deemed NOC) from cidco when they have withheld the NOC without any specified reason and proceed with the conveyance deed registration ? <br /><br />Can anybody pl. help in this matter ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-64126898665202528252013-01-10T17:56:05.693+05:302013-01-10T17:56:05.693+05:30I, sandesh, staying at dombivli. Sir, presently i ...I, sandesh, staying at dombivli. Sir, presently i am holder of a room in the building which is constructed on Collectors' land in 1990. I read latest advertisement about Deemed Conveyance which is to be done before 30.06.13. We are about 40 room holders in the said building, out of which only 30-35 members are ready to go ahead with yr special Deemed Conveyance Scheme.<br /><br />Sir, my query is, can we (only about 30 members out of total 40) do the Deemed conveyance under yr special scheme as few of our members are not ready to do so. Just because of their negativity, we other members, who are willing to do so, also going to suffer heavy problem in the future. I would like to know can we do the deemed conveyance for the partial members and let the rest be on their own thinking. What will happen as our rooms are on Collectors land? What will be the penalty/charges?sandhttps://www.blogger.com/profile/15761853229045633997noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-58152782753949373802013-01-01T12:20:04.084+05:302013-01-01T12:20:04.084+05:30Can't the Government come with a rule wherein ...Can't the Government come with a rule wherein they say that if the society is more than 4 months old, automatically the land and FSI belongs to the society and they don't have to run anywhere.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-39351918638713770992013-01-01T12:02:54.049+05:302013-01-01T12:02:54.049+05:30Yes, provided that the member has paid the require...Yes, provided that the member has paid the required stamp duty on the flatAnonymoushttps://www.blogger.com/profile/16469332774332783091noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-70974486512446116072012-12-21T23:40:19.891+05:302012-12-21T23:40:19.891+05:30For conveyance is it necessary to have sales deeds...For conveyance is it necessary to have sales deeds of existing member registered. If some members sales deed is unregistered than conveyance cant be done? plz confirmRajhttps://www.blogger.com/profile/14909710820534224172noreply@blogger.comtag:blogger.com,1999:blog-8959879868282949107.post-13750668468300131532012-12-21T23:37:49.759+05:302012-12-21T23:37:49.759+05:30To get conveyance is it necessary all members sale...To get conveyance is it necessary all members sales agreement to be registered document? If there are unregistered documents than conveyance cannot be done? plz confirmRajhttps://www.blogger.com/profile/14909710820534224172noreply@blogger.com