Mumbai: Two partners and promoters of a construction company have been booked for failing to convey (transfer) land in the name of the housing society in Mira Road within the stipulated time frame. However, no arrests have been made so far in the case. The action followed in response to a complaint filed by Salman Islamuddin Qureshi-a bona-fide member of a housing society located in the Sheetal Nagar area of Mira Road.
Supported by documentary evidence Qureshi filed a complaint against Chandubhai Patel and M.C Patel who are the partners and promoters of the construction firm named-S.S. Developers for their alleged failure in handing over conveyance, this despite the fact that the co-operative housing society was formed nearly three decades ago.
Conveyance is a deed that conveys a property title of ownership from the original owner to the ultimate buyer. After the intervention of the local unit of the Aam Aadmi Party (AAP) and retired police officer-Kashinath Talekar, the Mira Road police conducted verifications and registered a FIR under the relevant sections of the Maharashtra Ownership Flats (regulation of the promotion of construction, sale, management and transfer) Act, MOFA 1963, against the duo. Notably it is binding on the builder to transfer the land and the building to the society within four months on the completion of the project.
Although dozens of similar cases under the MOFA have been registered against erring builders at police stations falling under the Mira Bhayandar-Vasai Virar (MBVV), no concrete action has been taken so far. According to officials in the registrar office, the District Deputy Registrar (DDR), is the competent authority, which is empowered to pass an ex-parte order of deemed conveyance in cases where the promoter fails to fulfill their obligation to convey the property to the housing society.
If conveyance is not executed, the society is deprived of legal rights or ownership of the land on which the society's building stands, thus creating hurdles for their redevelopment.
