Wednesday, February 20, 2013

"Deemed Conveyance"


 On fine tuning, rather refined thinking, the better view could be this:

Final /formal conveyance is, essentially and strictly speaking, with no further ‘conveyance’, as such, needed – for nothing left to be conveyed to individuals or the legal entity- at best, entails hence needed is ‘perfection or completion' of 'legal title’ to the property as a whole.As a corollary, until then,individual has no 'marketable title' so as to deal with- i.e.sell or transfer-Right ?!    

In a building comprising (flats or) apartments, which are sold to, and purchased by individual purchasers is, no doubt, the right to possess, occupy and physical enjoyment of the property. Those do not however, go to in any manner vitiate the fundamental reality that the building and land on which it is constructed is one, and that is the whole of the property, composite in nature.
Flat or apartment purchaser becomes entitled to, - (1) exclusive possession and independent enjoyment of the interior (with-in) area; but without let or hindrance to the rest and (2) common possession and common enjoyment of the exteriors – that is, interest in so called common areas and facilities (within its statutory meaning - as specially defined).
If it is an apartment, amongst the peculiar characteristics as envisaged by the law - of most legal significance and crucial importance are,-
(a) such interest shall have to remain undivided for ever, with no right to claim or effect any physical partition; (b) also any limited common area (such as, stilt or open car parking – latter is, in fact, a mere licence to), though paid for, and permitted exclusive enjoyment, is likewise not patitionable in any manner (even fencing prohibited), and could only be enjoyed without let or hindrance, besides from, to the rest;       
Special provision for property tax – sec 18 – with a non obstante clause- separate assessment a must –no option to differ
(To note the lacuna in notification and practice)
Sec 14- Removal from the ACT- even after, no significant change in above- see sub-section (2)- ambiguity is why then removal at all envisaged; only to create confusion and complex situations for..- Though never ever happens or known to have happened.
SEC 15 –permits subsequent resubmission- all the more confusing?
These are not so,if ‘Flats’; hence no room for any such confusion or complication, as in respect of apartments.         


Aug 10

Deemed Conveyance of Cooperative Housing Society’s land – A Fiction

Also READ:

  • Deemed Conveyance Scheme for Co-Op. Hsg Societies in Maharashtra
  • Gujarat HC order on 97th amendment to India’s Constitution of 2012 vs MCS)

  • For knowing more, also read the article @

    Deemed Conveyance < A Fiction


    The Deputy District Registrar of Cooperatives, may issue “CERTIFICATE of deemed conveyance”, after due process, BUT has no jurisdiction to actually mutate /transfer ownership of land, in the Revenue Records, that is conclusively maintained by the taluka Tahsildar. Hence upto this stage the “CERTIFICATE of deemed conveyance”, is mere piece of paper (as a consolation), having very very limited legal standing. Based on the aforesaid “CERTIFICATE of deemed conveyance”, the Conveyance can ONLY BE REGISTERED, by the “Registrar of Sub-Assurances”, after due process, and nothing more. The Registrar of Sub-Assurances, has no jurisdiction to actually mutate /transfer the Title-Ownership of the plot of Land, in the name of the Society. The Conveyance of the Plot shall be final, ONLY AFTER the name of the Society, is recorded on the 7×12 extract /Property Card, that is maintained by the Tahsildar of the taluka. The 7×12 extract and Revenue Form no. 6, is the final & conclusive proof of “ownership of land”, for all purposes.

    An extremely mindboggling, confusing Write-up; more confusing than the concept itsef ?

    <> " propagating and granting autonomous status, to Cooperative Societies, under the 97th Constitutional Amendment."
    It is anybody's guess, really too confusing  to be understood by anyone trying to read and make out on his own, what the purported implications of the 97th Amendment really are. Anyway, that “the amendment grants an autonomous status to co-operative societies” seems to convey nothing even in substance. The writer is expected  to reapply his mind and clarify what he sought to convey !

    AT announces:

    First Deemed Conveyance order passed


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