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Ans:. After registration of a Society or an Apartment Owner's Association or
Company as the case may be, the promoter shall execute conveyance within
four months of registration. If the promoter fails to execute the conveyance
within four months, then that organization may make an application in
writing to the Competent Authority with true copies of registered agreement
for sale by each individual member of that organization (Society or any
other) for issuing a certificate that such organization is entitled to have a
unilateral deemed conveyance in their favor and have it registered.
The competent authority i.e. Joint Registrar of Co-Operative Society,
CIDCO, after receiving such application will verify documents and after
giving the promoters reasonable opportunities of being heard, and on being
satisfied that it is a fit case for issuing certificate to the Sub-Registrar under
Registration Act, 1908 for unilateral execution of Conveyance Deed
conveying right, title and interest of promoter in favor of applicant and then
will issue a certificate that it is fit for unilateral conveyance.
After registration of instrument, the deemed conveyance is executed. Lease
will be transferred after all the necessary charges of CIDCO are paid.
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17) Indemnity Bond
18) Verification
19) Bandhapatra
20) Notice given to Builder & Land Owner.
http: //housing.maharashtra.gov. in
Q 7). What are the Stamp Duty and Registration Charges of Sub
Registrar Office?
Ans. When all individual members have paid the Stamp Duty and have
registered their documents, then Stamp Duty payable is minimum and
maximum registration charges are Rupees 30,000/-. The Actual Stamp Duty
Charges will be computed by the adjudicating authority under Registration
Act, 1908.
Sr. Carpet area in For properties in developed For properties in other nodes
No. sqm. nodes such as Airoli, KK, such as Ghansoli, Ulwe,
Vashi, Sanpada, Juinagar, Kalamboli, Kamothe,
Nerul, CBD Belapur, Dronagiri
Kharghar, Panvel
Apptts. Shop, Office, Apptts. Shop, Office,
including Godown, SS type including Godown, SS type
S.S Type Shop cum S.S Type Shop cum
units Residential units units Residential units
constructed by constructed by
CIDCO CIDCO
1 Up to 20 14,641 29,282 13,310 26,620
2 21 to 30 22,627 45,254 18,634 37,268
3 31 to 40 30,613 61,226 23,958 47,916
4 41 to 50 43,920 87,846 35,937 71,874
5 51 to 60 59,895 1,19,790 47,916 95,832
6 61 to 70 74,536 1,49,072 59,895 1,19,790
7 71 to 80 91,608 1,83,216 71,874 1,43,748
8 81 to 100 1,27,776 2,55,552 1,01,156 2,02,312
9 101 to 150 2,23,608 4,47,216 1,77,023 3,54,046
10 151 to 200 2,67,531 5,35,062 2,23,608 4,47,216
11 200 sqm & 3,54,036 7,08,092 2,67,531 5,35,062
above
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Q 9). Is it necessary to hire an advocate for process of Deemed
Conveyance?
Ans. NO. Hiring of Advocates is not necessary for the process of Deemed
Conveyance. The Members of society can apply for the process of Deemed
Conveyance themselves.
Ans. NO. As regard to the unsold flats, Society is not obliged to pay Stamp
Duty to the Sub Registrar as per the Registration Act. Government
Resolution is available on the following link,
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http://housing.maharashtra.gov.in
Q14). If a Society is formed by the people who had purchased flats from
CIDCO authority, then whether Deemed Conveyance is applicable?
Ans. NO. When CIDCO sells a flat to an individual, then CIDCO comes
into position of a promoter as per MOFA Act, 1963 and MOFA Act is not
applicable to CIDCO. CIDGO has a mechanism of granting conveyance i.e
grant of lease of plot to the Society and such a lease has been granted to
number of Societies.
Q15). Does the Co-operative Housing Society get a Freehold title of the
plot after obtaining the deemed conveyance?
Ans. The Co-operative Housing Society will get only Lease Hold rights of
the plot after the deemed conveyance is executed. This is because all the
land in Navi Mumbai acquired by GOM and vested with CIDCO for the
development purpose is on lease hold basis only.
Ans. The Co-operative Housing Society which does not have a conveyance
i.e lease of the plot, does not have a clear title of the plot on which the
Society has constructed a building. Since, the Promoter (Builder) is not
ready to appear before the authority for conveyance, the title of the plot is
not passed on to the Society.
By executing the deemed conveyance, the Society gets a clear title of the
plot. The Society can get the rights for re-construction of the building only
when the deemed conveyance is executed.