Mumbai: City Civil Court Orders Builder To Complete Conveyance For Malad Housing Society After 15-Year Legal Battle

Mumbai: The city civil court came to the rescue of a housing society in Malad West, which was awaiting conveyance since its registration in 1985. A legal battle ensued 15 years ago, following which the court has now ordered the builder to give conveyance within four months.

Saket Co-operative Housing Society Ltd was formed in 1985 and has four separate buildings on the plot. Out of the four, three have already been granted conveyance, but one has been fighting claiming fraud at the hands of the builder and the original owner.

The plot bearing CTS no.516-A is entirely conveyed to other three societies. The owner executed a lease in favour of Jyoti Goyal, one of the directors of the developer, Goyal Properties Pvt Ltd, as part of suit land. The housing society refused to accept the rights of Goyal and claimed that the same was not mentioned in their agreement.

The dispute finally reached the court in 2009. The society challenged the agreement giving rights to Goyal, claiming that the agreement was arrived at without their knowledge and should be declared as illegal.

The court refused to hold the agreement giving Jyoti Goyal the lease right as illegal for want of clear evidence from society. The court, however, asked the builder to give conveyance to society subject to the leasehold rights of Jyoti Goyal within four months.