Friday, May 5, 2023

Draft of Partition Suit

IN THE COURT OF THE CIVIL JUDGE ( JrDn ) AT TUMKUR.

O.S.No. /2011

BETWEEN:

SMT. NAGARATHNAMMA

W/O GANGAPPA

& D/O LATE DASAPPA

AGED ABOUT _______ YEARS

R/AT KESTUR GRAMA

KORA HOBLI

TUMKUR TALUK

TUMKUR DISTRICT ….PLAINTIFF’S

AND :

1. SIDDALINGAMMA,

W/O LATE DASAPPA

AGED ABOUT 70 YEARS

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

2. RAJANNA,

S/O LATE DASAPPA,

AGED ABOUT 53 YEARS,

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

3. SIDDAPPA

S/O LATE DASAPPA

AGED ABOUT 45 YEARS

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

4. CHANDRASHEKAR

S/O LATE DASAPPA

AGED ABOUT 43 YEARS

R/AT NELAHALL GRAMA

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT

5. KRISHNAMURTHY

S/O LATE RAMALINGAIAH

AGED ABOUT 43 YEARS

LINGANAHALLI, NELAHAL ANCHE

BELLAVI HOBLI

TUMKUR TALUK

TUMKUR DISTRICT ………………..DEFENDANT’s

PLAINT UNDER ORDER VII RULE 1 READWITH SECTION 26 OF THE CODE OF CIVIL PROCEDURE, 1908.

The Plaintiff,s in the above case most respectfully submits, as follows :

1. That, the address of the Plaintiff’s for the purpose of service of summons, notices, etc., from this Hon’ble Court is as set out in the cause- title. The Plaintiff may also be served through their Counsel’s H. Venugopal and Y. Raghavendra advocates TAPCMS building near DC office tumkur.

2. The Addresses of the Defendant’s for the said purpose is as stated in the cause -title.

3. That the plaintiff’s submits that the properties mentioned at the foot of the plaint herein after reffered to as suit schedule properties are the ancestral and joint family properties of plaintiff’s and 1^ST TO 4^TH Defendants of the suit. The first defendant is the mother of plaintiff and 2^nd to 4^th defendants are brothers of plaintiff. All are having agriculture as their avocation. That the Genological tree of the plaintiff’s and the defendant’s as follows

LATE DASAPPA (DEAD)

SIDDALINGAMMA (1^ST Dft)

_________________________________________________________________/__________________________________________

/ / / /

NAGARATHNAMMA RAJANNA SIDDAPPA CHANDRASHEKAR

(PLAINTIFF) (2^ND Dft) (3^RD Dft) (4^TH Dft)

4. The fifth defendant colluding with all other defendants have created sham sale deed in order to deprive the share of plaintiff in the suit schedule property. Hence fifth defendant is arraigned as necessary party to claim relief against such sham transactions.

5. The Plaintiff’s submits that, The suit schedule property is a joint family property. There is no partition among joint family members.

6. The Plaintiff’s submits that, 1 to 4 Defendant’s altogether are the joint managers of the joint family consisting of suit schedule properties and started mis-managing the suit schedule properties for their illegal acts against the interest of joint family, by colluding with defendant 5. These facts came to the knowledge of plaintiff very recently.

7. The Plaintiff’s submits that, 1 to 4 defendants by colluding with 5^th defendant have created three sham sale deeds on the same dates, which was registered on 19-12-2006 in Book no.1, CD no. TMKD 109 and with Registration numbers consecutively . (1) TMK-1-13489-2006-07 (2) TMK-1-13492-2006-07 (3) TMK-1-13493-2006-07.

8. The Plaintiff’s submits that, Inspite of above facts 5^th defendant’s is trying to further sell off the suit schedule properties , without the knowledge of plaintiff’s. It came to plaintiff’s knowledge when some persons went to plaintiff’s residence to ask and verify the G-Tree of Plaintiff’s Joint Family.

9. The Plaintiff’s further submits that, Later plaintiff’s demanded defendant’s 1 to 4 to settle their shares and partition the suit schedule properties in end of June 2011. But 1 to 4 defendant’s refused to give plaintiff’s shares and threatened and given vauge and evasive answer only with malifide intention to deprive the rights of the plaintiffs, and hence this suit.

10. The Plaintiff’s further submits that, The cause of action for the suit arose about 20 days back when the plaintiff’s demanded the 1 to 4 defendant’s to allot their legitimate share in all the suit schedule properties by metes and bounds for which defendants refused at Tumkur, within the jurisdiction of this Hon’ble court.

11. The documents related to suit schedule properties are produced along with plaint as Annexure-____ to Annexure-_____for the kind perusal of this Hon’ble court.

12. The suit is valued for the purposes of Jurisdiction and payment of court fee as per valuation slip annexed to this plaint and court fee is paid accordingly on the plaint.

13. The Plaintiff’s further submits, that, she have not filed any other Suit, Petition or application, initiating any other proceedings before any Court or Authority in respect of the subject matter against the Defendants seeking the same relief sought in this Suit.

14. The Plaintiff’s submits, that, she have no other alternative, effective or adequate remedy otherwise than by means of filing this Suit. No proceedings is pending before any other Court on same cause of action.

WHEREFORE, in the above facts and circumstances of the case, the Plaintiff’s most respectfully prays that, this Hon’ble Court may be pleased to PASS A JUDGEMENT AND DECREE against the Defendant’s herein for the following relief/s:

i. DIRECTING a Partition of the Plaint Schedule Property into five legitimate shares by metes and bounds and to after such partition put the Plaintiff’s in separate possession of her legitimate share in Suit Schedule Property.

ii. Declare that the alleged sham sale deeds as described in para 7 of the plaint are not binding on plaintiff’s legitimate share.

iii. DIRECT the Defendant’s to pay the Plaintiff’S the costs of this Suit and grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case.

SCHEDULE PROPERTY

1. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 3 acres 36 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Deaf Ranganna’s land,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Kenchaiah, karehanumanthaiah, police nanjappa’s land

2. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 2 acres 21 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Joint family property,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Hirehoblaiah’s land

3. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 1 acres 23 guntas which is having khatha number 46 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Rangamma’s land,

West: Obajaiah’s land,

North: Tovinakere road

South: Hanumanthaiah and Boraiah’s land

PLAINTIFF

ADVOCATE FOR PLAINTIFF

V E R I F I C A T I O N.

I NAGARATHNAMMA the Plaintiff’s hereby declare, that, what is stated in the above paras at 1 to 14 of the Plaint are true and correct to the best of my knowledge, information and belief.

PLAINTIFF

DATE

PLACE: TUMKUR

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

IA …………/2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULE 1 & 2 READWITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908.

The Applicant/Plaintiff in the above case most respectfully submits that, for the reasons sworn to in the accompanying affidavit, this Hon’ble Court may be pleased to grant an exparte ad-interim Order of Temporary Injunction restraining the Defendant’s from alienating the Suit Schedule Property, mentioned in this IA pending disposal of the above case, in the interest of justice and equity.

SCHEDULE PROPERTY

4. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 3 acres 36 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Deaf Ranganna’s land,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Kenchaiah, karehanumanthaiah, police nanjappa’s land

5. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 2 acres 21 guntas which is having khatha number 12 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Joint family property,

West: Hirehoblaiah’s land,

North: Rangamma’s land,

South: Hirehoblaiah’s land

6. All that, piece and parcel of the Immovable Agricultural Land bearing Sy. No. 22 situated at Yeladodlu grama, Kora hobli, Tumkur taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 1 acres 23 guntas which is having khatha number 46 and additionally kharaab land in that portion. Having land Revenue as Rs 12-72 for total extent. Bounded on by

East: Rangamma’s land,

West: Obajaiah’s land,

North: Tovinakere road

South: Hanumanthaiah and Boraiah’s land

(APPLICANT)

ADVOCATE FOR APLICANT/PLAINTIFF’S

V E R I F I C A T I O N.

I, NAGARATHNAMMA, the Plaintiff hereby declare, that, what is stated in the above is true and correct to the best of my knowledge, information and belief.

NAGARATHNAMMA

(APPLICANT)

PLACE : TUMKUR

DATED

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

IA …………/2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

A F F I D A V I T

I NAGARATHNAMMA , W/O GANGAPPA, aged about _______ years, Residing at Kestur Grama do hereby solemnly affirm and state on oath as follows :

1. I submit, that, I am the Plaintiff in the above case. I am well conversant with the facts of the case. Hence, I am swearing to the contents of this affidavit.

2. I submit, that, I have filed the above suit for partition and separate possession in the suit Schedule Property against the Defendant’S. Further, I submit that, the averments made in the Plaint may kindly be read as part and parcel of this affidavit in order to avoid repetition of the facts.

3. The 1 to 4 defendant is the managers of the joint family consisting of suit schedule properties and started mis-managing the suit schedule properties for their illegal acts against the interest of joint family, by colluding with 5^th defendant.

4. 5^th Defendant’s are trying to sell off the suit schedule property in order to further complicate the matter and drag delay the legitimate claim of plaintiff. It came to plaintiff’s knowledge when some persons went to plaintiff’s residence to enquire about G-Tree.

5. I have intimated my desire to the 1 to 4 Defendants on several occasions to effect the partition share in the Schedule Property by metes and bounds as I am entitled to share in the Schedule Property, since the same is ancestral property being not divided. But the 1to 4 Defendants have failed to comply with my request and has refused to effect the partition by metes and bounds and put me in possession of share in the Schedule Property. Besides, the 1 to 4 Defendant’s by colluding with 5^th defendant have developed a hostile attitude towards me and and have started giving all sorts of pinpricks to me with an intention to knock of the entire Schedule Property without giving my legitimate share and also through creation of sham sale deeds. Thus, the Defendants by their quixotic behaviour and attitude made our life miserable.

6. Further, I submit that, the Defendant’s who have been hostile towards me on account of demanding my legitimate share in the Suit Schedule Property have been asserting and threatening that they will immediately dispose of and induct some more and more strangers in the Schedule Property. If the Defendant’s are allowed to do so, I will suffer irreparable loss and hardship and the act of the Defendant’s will be prejudicial and detrimental to my rights.

7. I submit that, if the Defendant’s are not restrained by means of Temporary Injunction from alienating, creating charge or encumbering the suit Schedule Property in any manner whatsoever pending disposal of this suit, I will be put to very great hardship, irreparable loss, which cannot be equated in terms of money or monies worth. If the said order is passed in my favour no harm or injury will be caused to the other side.

8. I submit that, I have made out a prima facie case. The balance of convenience fully lies in my favour. If the interim order of Temporary Injunction is granted in my favour no harm will be caused to the other side. Hence, this interlocutory application for interim order, restraining the defendant from alienating, creating charge or encumbering the suit Schedule Property.

WHEREFORE, in the above facts and circumstances of the case, I respectfully pray, that, this Hon’ble Court be pleased to grant an order of Temporary Injunction restraining the Defendant’s from alienating, creating charge over the suit Schedule Property pending disposal of the suit Schedule Property in the interest of the justice and equity.

I the deponent herein, do hereby declare that, this is my name, signature and contents of the affidavit are true and correct to the best of my knowledge, information and belief.

PLACE : TUMKUR

DATED: DEPONENT.

Identified by me

ADVOCATE.

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

V A L U A T I O N S L I P

The Suit is valued at Rs. 45/- (per share) as per the market value of the item 1 and 2 of Schedule Property arrived as per The Karnataka Court Fees And Suits Valuation Act 1958 . The Schedule Property is in joint possession of the Plaintiff’S alongwith the Defendant 1 TO 4, as they being joint owners. Hence, a fixed Court Fee of Rs. 15/- to the share of plaintiff is paid on the Plaint as per Section 35(2) of the Karnataka Court fees and Suit Valuation Act, 1958, Since the total market value of the share itself not crosses Rs 3000-00. The other Relief of declaration sought on the suit schedule property is valued at Rs 954 which is being less than Rs 1000 and fixd court fee of Rs 25-00 is paid.

Relief NO.	Under which section of The Karnataka Court Fees And Suits Valuation Act 1958court fee paid	How much valued	How much court fee paid
1	35(2)	Rs 191 per share	Rs 15-00
2	24(a)	Rs 1000-00	Rs 25-00
			Rs 40-00

HOW MARKET VALUE IS ARRIVED

Serial No. of the property in the plaint schedule	The clause of section 7(2) OF The Karnataka Court Fees And Suits Valuation Act 1958 under which the property comes	The amount of Revenue or other basis for valuation	Method adopted to arrive at the valuation	Valuation arrived at
1	2	3	4	5
1	(a)	12-72	25 times	318-00
2	(a)	12-72	25 times	318-00
3	(a)	12-72	25 times	318-00
				954-00

PLACE : TUMKUR

DATED : ADVOCATE FOR PLAINTIFF’S

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

VERIFYING AFFIDAVIT

I NAGARATHNAMMA , W/O GANGAPPA, aged about _______ years, Residing at Kestur Grama do hereby solemnly affirm and state on oath as follows :

1. I submit that, I am the Plaintiff in the above case. I am well conversant with the facts of the case. Hence, I am swearing to the contents of this affidavit.

2. I submit that, today I have filed the above Suit for Partition and separate possession of our share in the Suit Schedule Property against the Defendants. Further, I submit, that, the averments made in the Plaint may kindly be read as part and parcel of this affidavit in order to avoid repetition of facts.

3. I submit that, the averments made in para 1 to 14 of the accompanying Plaint are true and correct to the best of my knowledge, information and belief.

4. I submit that, the Documents produced in the Plaint are true copies of the Original.

I, the deponent herein, do hereby declare that this is our name, signature and that the contents of this affidavit are true and correct to the best of our knowledge, information and belief.

PLACE : Tumkur

DATED : D E P O N E N T

Identified by me,

Advocate,

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

LIST OF DOCUMENTS

Anne xure	Description
A
B
C
D
E

PLACE : Tumkur

DATED : ADVOCATE FOR PLAINTIFF

IN THE COURT OF THE CIVIL JUDGE ( JrDn)

AT TUMKUR.

O.S.No. /2011

PLAINTIFF’S/APPLICANT V/S DEFENDANT’s/OPPONENTS

NAGARATHNAMMA SIDDALINGAMMA

AND OTHERS

I N D E X

SL NO	DESCRIPTION	PAGE NO	C.FEE PAID
1	PLAINT UNDER ORDER VII RULE 1 R/W SECTION 26 OF CPC ALONG WITH SECOND COPY		RS 40-00
2	VALUATION SLIP
3	VERIFYING AFFIDAVIT
4	LIST OF DOCUMENTS ALONG WITH DOCUMENTS
5	VAKALATH
6	INTERIM APPLICATION
7	AFFIDAVIT IN SUPPORT OF IA
8	PLAINT COPY

PLACE : Tumkur

DATED : ADVOCATE FOR PLAINTIFF

Mortgage Deed

MORTGAGE-DEED

THIS DEED OF MORTGAGE made at this __ day of _ 200 _

BETWEEN

_______________________________age years, occupation - _____,

resident of hereinafter called the MORTGAGOR, (which express shall, unless repugnant to the context, mean and include his heirs, executors, administrators and assigns) of the One Part

AND

M/s_____________________________________________________________________________________________ a bank incorporated under the Indian Companies Act 1956, having its registered office at and branch office at acting through its Branch Manager, Shri age years, occupation service, resident of hereinafter called the MORTGAGEES, (which express shall, unless repugnant to the context, mean and include the said Bank, its officials, employees, servants, executors, administrators and assigns) of the Other Part.

WHEREAS the mortgagor has been running his business in general stores and stationery at the

AND WHEREAS the mortgagor proposed to expand the said business;

AND WHEREAS for the purpose of the expansion of the said business, the mortgagor is in need of finance;

AND WHEREAS with a view to securing finance, the mortgagor approached the mortgagee bank for the grant of a loan of Rs. _________;

AND WHEREAS the mortgagees are ready and willing to advance such a loan unto the mortgagee provided the mortgagor furnishes a suitable security for the same;

AND WHEREAS the mortgagees have approved towards a security the mortgage of the house property situate at CTS No. described in further details in the schedule here under;

NOW, THIS DEED WITNESSES as follows :

1. That the mortgagees have today paid and advanced unto the mortgagor a sum of Rs. _________/- (Rupees Five Lac Only) the receipt whereof the mortgagor dies hereby acknowledge unto the mortgagees.

2. That the said amount of loan shall carry interest @ 15% per annum payable by the mortgagor unto the mortgagee bank on the expiry of each year, and the principal amount shall be refunded in instalments by the mortgagor unto the mortgagees within a period of five years from the date of the execution of these presents.

3. That the mortgagor does hereby transfer and convey his property bearing House No. described in further details in the schedule here under, unto the mortgagee bank TO HAVE AND TO HOLD the same as a simple mortgage and by way of security for the refund and repayment of the said amount of loan and interest due thereon.

4. That the rights and duties of the parties hereto shall be that of a simple mortgage within the meaning, provision and interpretation of the Transfer of Property Act.

THE SCHEDULE OF THE PROPERTY ABOVE REFERRED TO :

All that piece and parcel of land situate within the Registration Division & District Sub-Division & Taluka ____within the local limits of the Municipal Corporation, bearing House No. of admeasuring _____ sqft or thereabouts, and bounded by as follows :

On or towards the East _

On or towards the South _

On or towards the West _

On or towards the North _

together with a two-storeyed building standing thereon.

IN WITNESS WHEREOF the parties hereto have signed here under at the date first above mentioned.

Sd/-

MORTGAGOR

Sd/-

MORTGAGEES

Witnesses :

1. Sd/-

2. Sd/-

deemed Conveyance

Q1. What is the meaning of deemed Conveyance?

Ans: The Promoter( Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters( Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorised officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

Q2. What is the difference between the deemed Conveyance and the Regular Conveyance.?

Ans: In case of regular conveyance, the builder/ Developer/ Landowner prepares a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner. In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who donot want to part with the land and the building in favour of the society.

Q3. Is there any further problem / litigation in getting the deemed Conveyance, if the builder/ Landowner Does not co-operate?

Ans: Deemed Conveyance is a final conveyance. There will not be any problem. Once the Deemed conveyance is passed by the Competent Authority, the conveyance deed will be executed by the Authorised Officer in favour of the Legal Body. Further, the same will be registered. There is no appeal against the deemed conveyance order passed by the competent Authority. Once the deemed conveyance order with conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the legal body in the 7/12 extracts or in the property card as the case may be.

Q4. What is the provisions for payment of stamp duty on deemed conveyance?

Ans: Like regular conveyance, even on deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and have done the registration of their respective flats including on all the transactions (Chain of Agreements) done in those flats. In case there are some flat owners who have not paid the stamp duty or has escaped the duty, the same will have to be paid at the time of registration of the deemed conveyance deed by the legal bodies and the same can be recovered from such flat owners.

Q5. How the conveyance in favour of the legal body will be done in case of layout plot where the builder carries out the construction in phases?

Ans: In case of layout plot, the provision for part conveyance has been done in the new proposed Rule No9(2). It has been clearly pointed out that in case of layout plot, the legal body will be entitled to get the proportionate undivided rights, title and interest in the layout plot based on the FSI/TDR used for the respective building out of the total development potential of the entire layout plot as on the date of conveyance of the land and the building and as per the disclosure made by the builder. In case the builder has not disclosed the same, the entire balance FSI/TDR will be transferred to the legal bodies proportionately otherwise it will be available to the builder.

Q6. What is the procedure followed by the competent Authority to give the deemed Conveyance?

Ans: Normally, the aggrieved party has to make the application to the competent Authority in the prescribed form with documents available against the builder, if he fails to convey the land and building to the legal body within 4 months of its formation. The Competent Authority shall scrutinize the application, collect the documents from the promoter/ builder or from the authorised officer appointed by him and get the application admitted. After the admission of the application, the competent Authority shall conduct the hearing and then take the appropriate decision, whether the applicant or the legal body is a fit case for granting the deemed conveyance. If he passes a favourable order, then he appoints an authorised officer, who shall execute the conveyance deed.

Procedure to Obtain the Deemed Conveyance Order

Flat Owners/ Apartment Owners to apply with documents & prescribed fees/ Court fees

↓

Competent Authority to verify Documents from his officials or the Authorized officer and obtain the report to that effect.

↓

Enquiries if any will be conducted and spot visit will be done by officials of Competent Authority or his authorized officer and admit the application for conveyance.

↓

Competent Authority will issue Notice to Promoter/ Opponent and other interested parties on the said land and building.

↓

Hearing to be conducted by Competent Authority.

↓

Submission of Written Arguments by the opponents/ Builder / Land Owner and other interested parties.

↓

The Competent Authority may direct the Opponent to produce certain Documents in support of the statements made by the Builder / opponent based on the arguments of the applicant.

↓

To hear the other parties on the documents produced by the party as per the directions of the Competent Authority and to decide on the same by the competent authority based on written submission and the oral arguments made by all the parties.

↓

Public Notice will be Issued as per the Order of competent Authority in two local News papers of which one shall be in Marathi at the cost and expense to be incurred by the applicant at the cost of Builders/ opponent.

↓

Relevant Documents which are required by the Competent Authority to ascertain the authenticity of the Application and to arrive at the Final Decision about granting the conveyance shall be obtained by the Competent Authority through authorized officer at the cost and expense of the Society.

↓

Vetting of Draft conveyance deed from the authorized officer appointed by the Competent authority. Get Professionals to Draft the Conveyance Deed.

To admit any person as intervening party in response to Public Notice or who claim to interested parties against the application and decide about the same by the competent authority

↓

Interested party to file its say and also deliver a copy to the applicant and all other parties made in the application.

↓

Receive the written reply from the Applicant and other opponents based on the submission made by the interested party in response to Public Notice.

↓

Oral Arguments of the applicant, Opponents and the interested parties on the submissions made by each of them and to submit the necessary documents in support of their arguments.

↓

Speaking Order and Certificate of Deemed Conveyance to be Issued by Competent Authority or speaking order for rejecting the application.

↓

Competent Authority to Appoint and Authorized officer to execute the Conveyance deed and register and admit the execution before the sub-registrar of assurance at the time of registration of the same.

↓

Deemed Conveyance order shall be passed or Application for the same to be rejected within a period 6 months from the date of receipt of application by the competent authority subject to receipt of relevant documents.

Q7. What documents are required to be submitted along with application to get the deemed conveyance?

Ans: Following documents may be attached with the application for deemed conveyance.

i) the registered Agreement for sale entered into with the promoter/opponent party

ii) 7/12 Extract and Village form No.6 (Mutation entries)

iii) Property card,

iv) Location Plan

v) City survey plan or survey plan from the revenue department.

vi) Layout Plot plan approved by the local authority

vii) Architect certificate about the entitlement of undivided interest in the entire Layout Plot, common areas and the facilities by each of the entity or the structure constructed or to be constructed on such Layout Plot.

viii) Latest Title and Search Report for last 30 years from an advocate,

ix) Non-Agricultural Order

x) Certificate under Urban Land Ceiling Act, 1976

xi) Building/ Structure Plan approved by the appropriate authority,

xii) Commencement Certificate,

xiii) Completion Certificate,

xiv)Occupation Certificate,

xv) List of Flat Purchasers

xvi) Proof of payment of Stamp Duty

xvii) Proof of Registration, etc. ,

xviii) Development agreement or power of attorney or agreement for sale executed by the landlord with the promoter for development or for transferring the right, title and the interest in the land in favour of the promoter.

xix) Any other land or building related documents papers in support of the application.

xx) Legal notices send to the Promoter and other interested parties to execute the conveyance deed or declaration as provided under Maharashtra Apartments Act, 1970 in favour of the applicant/s.

xxi) Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.