2 min readMumbaiOct 13, 2010 03:18 AM IST
First published on: Oct 13, 2010 at 03:18 AM IST
The deemed conveyance notification housing societies are waiting for will not be what they had hoped for,for it leaves the question of conveyance of layout plots and townships unanswered. Nearly 60,000 housing societies statewide had hoped the new rules would be applicable for single buildings as well as larger plots.
The Maharashtra Ownership Flats (MOFA) (Amendment) Rules,2001,was approved by the Chief Minister recently and is expected to be issued soon. The stated objective was to allow hassle-free handover of land and buildings by the developer to housing societies. Builders often withhold the conveyance deed on the ground that they would do so only after the entire layout plot or township is developed. Under the amendment,the competent authority was to grant deemed conveyance within six months from the date an application is filed.
The decision to exclude two key categories follows a request from the Maharashtra Chamber of Housing Industry (MCHI),an organisation of developers. Housing department officials said the MCHI had pointed out that if a layout plot or a township were to be conveyed before construction is complete,the housing society would become co-owner of the entire plot. In such a case,the developer would have to take the housing society’s permission for every new building it constructs.
“If,on the other hand,the developer were to only convey the building and land and not the yet-to-be-developed land,he would have to subdivide the plot that had already been constructed on. This would create further problems on how floor space index is to be used,” said the official,adding these details will be worked on in meetings with the MCHI.
“We have no problem with conveyance of single buildings. But when it comes to layout plots or townships,we cannot carry out the conveyance immediately as it may take five to 15 years to complete construction on the entire plot,” said MCHI president Sunil Mantri. He added the unless the rules come with a rider that the rights of developers are protected,it may lead to litigation.
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