Reg conveyance of demolished society
3 months ago
Society is demolished 10 yrs back but still cannot be redeveloped since the builder's lawyers who were designated the job after building was fromed, have still not executed the same. The stamp duty payments have been done to them. In such case how to get conveyance after payment already done.
A.Dear Client,
Non-execution of conveyance deed after the lapse of 10 years proves deficiency in service and makes the Builder liable to face legal consequences including penalty on the ground of continued cause of action. In the given situation, you need to move the Consumer Court to obtain appropriate relief in the matter. Reach out to an Advocate practicing consumer laws for serving a legal notice to the Builder and for filing a complaint against the Builder over alleged deficiency in service and unfair trade practice under Sec.35 of the Consumer Protection Act, 2019 either before Dist Consumer Commission or the State Consumer Commission based on the territorial and pecuniary jurisdiction claiming for a suo moto order for execution of the deed of conveyance in favour of flat owners and compensation for harassment with the cost of litigations. Even if the claim is barred by limitation, it may be allowed on the grounds of a continued cause of action, i.e, continuous failure to meet or fulfill the contractual obligation by the Builder.
Non-execution of conveyance deed after the lapse of 10 years proves deficiency in service and makes the Builder liable to face legal consequences including penalty on the ground of continued cause of action. In the given situation, you need to move the Consumer Court to obtain appropriate relief in the matter. Reach out to an Advocate practicing consumer laws for serving a legal notice to the Builder and for filing a complaint against the Builder over alleged deficiency in service and unfair trade practice under Sec.35 of the Consumer Protection Act, 2019 either before Dist Consumer Commission or the State Consumer Commission based on the territorial and pecuniary jurisdiction claiming for a suo moto order for execution of the deed of conveyance in favour of flat owners and compensation for harassment with the cost of litigations. Even if the claim is barred by limitation, it may be allowed on the grounds of a continued cause of action, i.e, continuous failure to meet or fulfill the contractual obligation by the Builder.
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A.Dear Client,
Section 88 of the 1977 act and Section 261 of the 1994 act both permit the demolition of structures that are classified as “illegal” – either on account of being built contrary to plan or being built on government land – by following a simple formula. In a situation where a society was demolished ten years ago, and the redevelopment has been stalled due to the builder's lawyers not executing the conveyance, it's essential to take proactive steps to resolve this issue. First, gather all relevant documents, including proof of stamp duty payments and any communication with the builder's lawyers. Consult with a legal professional specializing in real estate matters to assess the specific details of your case. They can guide you on the appropriate legal actions to compel the execution of the conveyance. This may involve issuing legal notices, pursuing remedies through consumer forums or the real estate regulatory authority, or even filing a case in a civil court if necessary. It's crucial to document each step carefully and maintain clear records. Legal advice will provide you with a roadmap for navigating this situation and ensuring the completion of the conveyance process that you rightfully deserve.
Thankyou
Section 88 of the 1977 act and Section 261 of the 1994 act both permit the demolition of structures that are classified as “illegal” – either on account of being built contrary to plan or being built on government land – by following a simple formula. In a situation where a society was demolished ten years ago, and the redevelopment has been stalled due to the builder's lawyers not executing the conveyance, it's essential to take proactive steps to resolve this issue. First, gather all relevant documents, including proof of stamp duty payments and any communication with the builder's lawyers. Consult with a legal professional specializing in real estate matters to assess the specific details of your case. They can guide you on the appropriate legal actions to compel the execution of the conveyance. This may involve issuing legal notices, pursuing remedies through consumer forums or the real estate regulatory authority, or even filing a case in a civil court if necessary. It's crucial to document each step carefully and maintain clear records. Legal advice will provide you with a roadmap for navigating this situation and ensuring the completion of the conveyance process that you rightfully deserve.
Thankyou
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