Important for Housing Societies – Deemed Conveyance

Important for Housing Societies – Classic example of how the Promoter did not execute conveyance deed for 40 years and also subsequently tried to deny rights of the society at the re-development – It is essential that the housing societies take steps in right earnest for conveyance or deemed conveyance to avoid complications and also litigations in future.

FACTS -In or about 1970-1971, the respondent no.2, on amalgamation of two plots, constructed the building of shops and flats sold under various agreements of sale including 50 members of petitioner-society.  As per agreement, the respondent no.2 was to convey the land to the society.

In 2014, the development agreement was executed between the petitioner society and the respondent no.3 promoter of M/s. Shri Sati Builders for redevelopment.

On 30.12.2014, Conveyance Deed was executed reserving an area of 13,755 sq.ft for the respondent no.3 but it was not registered.

Thereafter, on advice, the petitioner filed application on 26.11.2018 for deemed conveyance deed on the basis of agreement dated 5.12.1973.

The respondent no.1 District Deputy Registrar rejected the application on the ground that conveyance in favour of the society was already executed.

HELD – that the respondent no.1 completely ignored the fact that the petitioner was entitled to file application for deemed conveyance based on 1973 agreement, the conveyance deed of 2014 was executed only by respondent no.3, it was not registered and therefore, the impugned order is illegal.  WP was allowed and the matter was remanded.

Writ Petition No.2749 of 2022 – Garodia Cooperative Housing Society Vs. District Deputy Registrar Cooperative Society and others