Home | Legal Advice | Property Law | Can the builder execute a conveyance deed after a long time?

Can the builder execute a conveyance deed after a long time?

Shivendra Pratap Singh

Advocate

11/07/2021/ 10:51:44 PM

Reading Time:

Question: Can the builder execute a conveyance deed after a long time? My grandfather bought a property in 1986 in Mumbai with a total of six flats. Developers own 3 flats and 3 flats he sold to different individuals. The agreement is not registered and stamp duty is not paid because we don’t have enough members to form a society. Is the conveyance deed possible without builders’ help?

Question from: Maharashtra

Minimum seven members are mandatory for the formation of housing society in Maharashtra. There are only six flats and four members in your apartment. It is impossible for your builder to form a housing society.

Therefore, your grandfather should not have been waiting for the forming of society to get execution of a sale deed. You should force the builder to execute a sale deed or file a declaratory suit

Can the builder execute a deed of conveyance?

Yes the builder has no other option except to execute a deed of conveyance. You have been living there since 1986. More than thirty four years have gone and your builder has not raised any objection against your possession. Your possession for such a long period is enough to get a declaration of your ownership. 

In the course of a declaratory suit and getting a decree of the court you can compel your builder to execute a sale deed. In your case the sale deed is a mere legal formality but it is necessary to retain your ownership in case of demolition or redevelopment of property

Thus in this scenario you should compel the builder to execute a sale deed and give fifty percent share in the property. It is your right to get a share certificate because the valuation of your flats are deteriorating day by day. But the valuation of property is increasing. Hence, get fifty percent share in the property either by share certificate or inserting the terms in the sale deed.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather...

Builder address not available for RERA filing 

Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but...

Stepmother demanding full share in father’s property

Question: Our property was transferred from pagdi to ownership and no registration was done in the name of my mother. Stepmother is demanding full share in father’s property. My mother died in 1999 and my father take noc from all children. Three sisters and 1 brother...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54