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?

Estimated 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.

Latest Advice

How much share do I get in my father’s property?

My father has died but my mother is alive. I have 5 sisters and we have 4 brothers. Among them 2 sisters and 1 brother are below the age of 18. My father had owned 9 acres of land but he died without any will. And my mother owns 1 acre of land. How much share do I get...

Tenant has promised to clear the dues shortly

I rented my house in March 2021 through a rental agreement. Police verification was done at that time but I couldn't collect the same because of being out of Station due to Corona. Now the man of property dealer who had dealt with this case has all of sudden left the...

Tenant has not been paying rent – Eviction of tenant

My tenant has not been paying rent since November 2019. I am a 68 year old person from Visakhapatnam. I gave my shop on rent to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also....

Tenant owns a house in the same city: Eviction of tenant

Question: Our father had purchased three houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it....

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

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