Deemed Conveyance for the property of an individual owner in Society building

By the order dated 28.6.2022, the application of Shital Complex Sahakari Gruharachan Sanstha Kothrud for unilateral deemed conveyance in respect of Shop Nos.1 to 8, two flats and garage of 250 sq.ft.

The Respondent no.2 Developer had developed the land of the petitioner no.1 Society on the plot No.12 at Kothrud, Pune.   The Petitioner No.2 had purchased shop nos.1 to 2, 5 to 8, two flats, a garage and paid the entire consideration.   However, the petitioner no.2 did not pay the stamp duty.

In 1988, the Society was registered.   The respondent no.2 conveyed the land and the building to the petitioner no.1 society excluding the shops, flats and garage of the petitioner no.2 for non-payment of stamp duty.  However, the conveyance deed dated 14.3.1988 did mention that the deed in favour of petitioner no.2 will be executed on payment of stamp duty and registration fees.

In 1997-98, the petitioner no.2 paid the stamp duty under the amnesty scheme. 

Rule 9 of the Maharashtra Ownership  Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964,

Rejection of the application of the petitioner no.2 for deemed conveyance of his property on the ground that there is no provision for grant of unilateral deemed conveyance in personal name.

If the promoter has not conveyed the land and the entire building, it is the duty of the competent authority to convey the land and the building.   No purpose is served by keeping the property of the petitioner no.2 out of conveyance to the Society as the Society would not be able to carry out re-development. 

Judgment dated 15.7.2024 of the Bombay High Court in W.P.No.5637 of 2023 of Shital Complex Sahakari Gruharachan Sanstha through its Chairman  Vs.  District Competent Authority Deputy Registrar Cooperative Department Pune and others