Mumbai Housing Society Queries: 'PMCs Should Conduct Survey Of Society’s Building & Land,' Says Expert

Q. Our society is planning for redevelopment and intends to appoint Project Management Consultants (PMC). We would like to understand the role of the PMC in the initial stage before appointing a developer. Parmeswaran Nair, Matunga

A. The PMC is required to conduct a survey of the society’s building and land, as well as gather information regarding the conveyance of the land to the society. Another key responsibility involves determining the available FSI and TDR based on the society’s buildings and land, in accordance with the Development Regulations and the applicable rules of MHADA, SRA, or the Municipal Corporation, depending on the ownership of the land. The PMC will then prepare a feasibility report, incorporating the suggestions and recommendations of society members regarding redevelopment.

The feasibility report will be prepared by considering the suggestions, recommendations from the members of the society and considering the matters like the residential area to be made available to the members, commercial areas, if any open land, garden parking specifications of the construction. The report will be submitted to the Managing Committee for consideration by society members. Subsequently, the PMC will assist in drafting the tender document for the selection of developers. Once offers from developers are received, the PMC will analyse the technocommercial aspects of these proposals and present a comparative chart, allowing the society members to select the right developer. The PMC will assist in conducting due diligence on the developers.

Q. One building was constructed in 2015 while the second one was constructed in 2016. Both the buildings are not registered with the MahaRERA. The buildings are already occupied by the flat owners. The land is not conveyed in the name of the society. What is our recourse for obtaining conveyance? What is the scenario if the OC is not received? Ramesh Kumar Singh, Mankhurd

A. It is the statutory obligation of the developer to complete the project and obtain the Occupancy Certificate (OC) from the competent authority. The developer must execute the conveyance deed within four months of the formation of the cooperative society, if the period for conveyance is not specified in the Agreement of Sale. A copy of the same has to be submitted with the competent authority within two months of the execution. However, if the Conveyance is not given by the developer, the society has to follow the process of obtaining 'Deemed Conveyance'.

The society will have to file an application to the Deputy District Registrar (DDR) of Cooperative Societies along with the fee, who in turn would pass an order conveying the land in favour of the society after verification of the documents, including list of members, Index II for each member issued by the sub-registrar of assurances, true copy of the society’s registration certificate, development agreement, legal notice issued to the developer to complete the execution of the conveyance deed, contact details of the developer, OC, proof of payment of stamp duty on the agreement of sale for all the members, draft of the conveyance deed or declaration proposed to be executed in favour of the society, etc. Apart from this, there are certain other documents required to be procured from the office of city survey and the collector’s office, municipal corporation etc in case the same are not available with the society.

The DDR has to give a hearing to the Society and the Developer before passing any order to this effect. To answer your second question, OC is mandatory to get the land conveyed in the name of the society. Developers often fail to obtain the OC due to unpaid taxes or other charges owed to the BMC. The Society will have to ensure that the OC is received which will come at cost. I hope your society has received OC from the BMC which will enable you to proceed for the deemed conveyance.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

Published on: Monday, October 28, 2024, 10:05 AM IST