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The Urban Development Department has issued a circular which states that unless a builder hands over conveyance to the housing society, he cannot use the remaining TDR (Transfer of Development Rights) from that plot on an adjoining plot. The BMC, which received the circular a week back, has been instructed to ensure that the order is followed.
TDR is generated when an owner/developer surrenders his land to the government for a particular purpose. In return, he is issued a TDR certificate that gives him additional construction rights in the suburbs to the north of the plot he has surrendered.
TDR permits builders to use a floor space index (FSI) of 2 in the suburbs as against the normal FSI of 1. Often builders do not convey the building to the housing society fearing that they would have to relinquish their right over the TDR potential of the plot. Later when builders construct on an adjoining vacant plot, this TDR potential is exploited after amalgamating both plots. This cannot happen any more.
The BMC can no longer permit developers to load the used TDR from a plot where a building has been constructed to construct a tower on an adjoining vacant plot. “Builders often do not convey the title and other basic documents of ownership to residents as they want to retain their right over any additional TDR. We are hoping that the new rule will help all residents who have to face hardships due to this,” said Ramanand Tiwari, additional chief secretary for the state Urban Development Department. Tiwari added that the new rule would complement a recent amendment to the Maharashtra Ownership of Flats Act (MOFA) that makes non-conveyance within a specified time a cognisable offence.
Conveyance has always been a bone of contention between developers and residents with residents being at the receiving end. A classic example is that of the Laxmi Chhaya building in Borivali, which collapsed last year killing 30 people and rendering several others homeless. Almost six months later, it is far from being rebuilt even though several builders have come forward to take up the redevelopment. The reason: the redevelopment rights still lie with the original builder who never executed the conveyance deed in the society’s name.
According to advocate Mahabaleswar Morje, president of Flat Owners Association, over 80 per cent of housing societies do not have a conveyance in their name depriving them of the right to redevelop their building later. “The new order by the Urban Development Department will ensure that builders do not withhold or delay the conveyance. It will be necessary for them to convey the building. However, builders are sure to find a lacuna in this too,” he said.
shalini.nair@expressindia.com
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what can we do if builder not handover the still parking to our society since last seven years
We are living in the complex there are 10 building but we have 6 society. Builder handover the society in 2004. we form the society in 2004 Guide me how can we get conveyance? can we get conveyance individually? Guide me about documentation for conveyance deed?
nice information but could you please focus on the documents needed for the conv.deed from society and builder side. our society is 6 years old , builder has installed ill-legal mobile tower on the terrace of the society ( i.e. with out perrmission from the municipal corporation that we came to know by RTI act ) also the present chairman is the brother of the builder , secretary works as per chairman says or builder says indirectly.they are not willing to do the conveyance deed . builder also has one unsold office in his name and dont pay anything as maintenance charges towards it since last 6 years. we are the only four to five literate members to fight against the builder all others are not willing to raise the voice as he is the brother of the builder. also we came to know that builder has mortgage the said society land to complete his forthcoming project . now what we should do ? kindly guide us thank you. it will be a great pleasure if you can guide us or help us in details.
Pls advice on how do I go about on getting society conveyance from the builder. Its a reg society with all the doc's in place according to my knowledge, the only thing pending is the conveyance. Pls advice on the same step by step.
conveyance deed
Suddenly after around 27 years of our society formation, we are being told by a person that he has bought conveyance from our builder!!! It is possible that builder can sell convayance to 3rd party? We have come to know that we all flat owner (having ownership of flats) are shown as tenents in the agreement between the builder and the socalled purchaser of convayance. What can Society do now? Can we sue the original builder and ask for the convayance or we have to deal with the new purchaser of the convayance ? Pelase help
Builder has formed soceity but not yet handed it over to society. Till the time he hands over, If there is a sale can he take the transfer fee ?
Pls let us know the time within which builder must handover conveyance after formation of society. Also let us know the procedure, if builder refuse to make conveyance.Thanks n best regardsAjit Shriyan
Pls let us know the time within which builder must handover conveyance after formation of society.Who has right over the society plot, parking area, society office etc..till the conveyance is handed over.