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Deemed Conveyance for a part of the society land from undivided larger plot

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Pursuant to the lease-deed executed by one of the co-owners in favour of Respondent No.3 Developer, it had constructed “Pushkar” building and agreements of sale with individual flat purchasers were executed in 1971. 

In 1975, the respondent no.2 Society was registered.  The  Society is part of the larger layout on which there are other buildings.

By the order dated 4.2.2022, the District Deputy Registrar directed the respondent No.2 Society to enforce Unilateral Assignment Lease Deed of 947.40 sq.mtrs. with structure from the larger plot at Mahim.

The objection is that the entire plot is undivided, part of the Town Planning Scheme and therefore, deemed conveyance cannot be granted.

Sub-clauses (1), (3) and (4) of Clause 2(B) of the GR Dated 22.6.2018 specifically deal with the situation where there are many buildings on one plot and have separate cooperative societies and the construction of some of them are in-complete.   The purport of conveyance is to sustain the constructed structure alongwith the proportionate area in common amenities.

 Judgment dated 5.9.2024 of the High Court of Bombay (AS) in Writ Petition No.5427 of 2023 of M/s. Shanti Prakash Realty and another   Vs.  District Deputy Registrar, Cooperative Societies, Mumbai City and others

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