Deemed Conveyance Govt. Notification
Deemed Conveyance Notification
HOUSING DEPARTMENT Mantralaya, Mumbai 400 032, dated the 27th September 2010.
Maharashtra Ownership Flats (Regulation of the Promotion of Constriction, Sale, Management and Transfer) Act, 1963.
No.FOB.2008/CR. 170/RR-II. - In exercise of the powers conferred by sub-sections (I) and (2) of section 15 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964, the same having been previously published as required by subsection (I) of the said section 15, as follows :-
1. These rules may be called the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010.
2. In rule 2 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and transfer) Rules, 1964 (hereinafter referred to as. "the principal Rules"), -
(a) after clause (a-i), the following clause shall be inserted, namely:—
"(a-ii) "Apartment Ownership Act" means the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971);
(a-iii) "Apartment-takers" means a person, who has purchased the apartment in a property, which has been submitted under the provisions of the Apartment Ownership Act, by executing and registering a Declaration as provided by that Act;";
(b) after clause (b), the following clause shall be added, namely:
"(c) words and expressions used but not defined in these Rules shall have the same meanings as assigned to them in the Act.".
3. In rule 9 of the principal Rules, the following paragraph shall be added at the end, namely:
"The promoter shall file with the Competent Authority a copy of the conveyance executed by him under sub-section (1) of section 11 within a period of two months from the date of its execution."
4. After rule 10 of the principal Rules, the following rules shall be added, namely :--
"11. Applications under sections 10 and 11.- (I) (a) Every application under the proviso to sub-section (I) of section 10 or sub-section (3) of section 11 may be presented in person by the applicant or by their duly appointed Authorised Representative, to the Competent Authority during its office hours or may be sent to the Competent Authority by registered post.
(b) Where an application is signed and presented by an Authorised Representative, it shall be accompanied by a letter of authority appointing him as such and duly signed by the applicant and accepted by the Authorised Representative.
(c) livery application shall be made in accordance with the provisions of the Act, the rules and notifications and shall be affixed with such court fee stamps, as may be prescribed and pay the necessary enquiry fees.
(2) Notice of date of hearing. The Competent Authority shall issue necessary notice to all the parties regarding the date fixed for hearing the application and publish or display the date fixed for the hearing thereof on the office notice board sufficiently in advance.
(3) Place of Hearing. All applications filed under the proviso to sub-section (1) of section 10 or sub-section (3) of section 11 shall ordinarily be heard at the respective offices of the Competent Authority.
(4) Office hours. The office of the Competent Authority shall observe the same office hours as other offices of the Government of Maharashtra observes. It shall remain closed on Sundays and on such other days as may be declared to be holidays for the offices of the State Government.
12. Form of Applications under sections 10 and 11.- Application under the proviso to sub-section (1) of section 10 shall be in Form VI. Application under subsection (3) of section 11 shall be in Form VII.
13. Scrutiny of applications and notice to the parties, etc.
(1). Registration of applications. (a) On receipt of an application, the office of the Competent Authority shall endorse on it the date of its receipt and shall as soon as possible, examine it and satisfy itself that the person presenting it has authority to do so and that it conforms with all the provisions of the Act and the Rules made thereunder.
(b) If the Competent Authority is satisfied that the application is complete in all respect, it shall cause the application to be registered, as admitted, in the appropriate register maintained under these Rules.
(c) If the application is not complete, the Competent Authority may send notice in the form VIII, to the applicant/s to rectify the defects or comply with such requirements, as it may deem fit to conform with all the provisions of the Act, and these Rules, within a period of fifteen days of the receipt of the said notice. The Competent Authority may, for sufficient cause, may give further extension of not more than fifteen days to comply with the requirements.
If the above defect in an application is rectified, the Competent Authority shall cause it to be admitted and register the application in the appropriate register.
(2) Maintenance of registers and procedure for issuing notice, etc.- The Competent Authority shall maintain the Register of applications received by it in Form IX.
On admitting the application, the Competent Authority shall, within a period of fifteen days thereof, issue a notice in Form X to the opponent/s requiring him/them to file the written statement on the day, date and place as may be specified therein. Such notice shall be served on the opponents by registered post acknowledgment due or under certificate of posting on the last known address.
(3) Appearance of parties and consequence ofnon appearance, (a) On the date fixed as aforesaid, the opponent shall appear either in person or through his Advocate or his authorized Representative before the Competent Authority and shall file a written statement.
(b) On the date of hearing, if the applicant appears and the opponent or any of the opponents, does not or do not appear, as the case may be, the Competent Authority shall decide the Application ex-parte:
Provided that, before deciding the Application, if the Opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions, he shall be heard in the matter as if he had appeared before the Competent Authority on the first day.
(c) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the applicant does not appear either in person or by his Authorised Representative, when application is called for hearing, the Competent Authority may dismiss the application.
(d) If, on the date fixed for hearing or any other day to which the hearing may be adjourned, the Opponent/s does/do not appear either in person or through his/ their Authorised Representative, when the Application is called for hearing, the Competent Authority may decide the same on merits after hearing the Applicant or his Authorised Representative, if present.
(4) Production and inspection of documents, (a) The parties shall file the documents referred to in the pleadings at the time of filing application and written statement, as the case may be. If either party satisfies the Competent Authority that any document is relevant and the same is in the custody of the opposite party, the Competent Authority may, by an order in writing, direct such party to produce such document on the next date of hearing.
(b) If the party so ordered, fails to produce such documents on the next date of hearing, the Competent Authority may draw adverse inference against such party and hearing of the original application shall not be postponed till filing of such documents or for the reasons of such non compliance of the order.
(c) If the Competent Authority is satisfied that the documents required to be produced, cannot be brought before the Competent Authority for sufficient reasons like its volume or otherwise, the Competent Authority may allow the opposite party to take inspection of the documents within seven days from the date of order of such inspection.
(d) If the Competent Authority is satisfied that the opponent had no access to the documents earlier and the filing of additional statement is necessary, it may allow the filing of such additional statement.
(5) Procedure for hearing the application, (a) On receipt of the statement of the opponent, the applicant shall prove contents of the application and also deal with the contention of defenses. The opponent likewise may file reply in support of the defense on the next date, if he so desires. No cross-examination of any of the parties shall be permitted.
(b) On receipt of the replies, the Competent Authority shall proceed to hear oral arguments of the parties and after hearing, shall close the proceedings for the order.
(c) The Competent Authority shall, within reasonable time and in any case not later than six months from the date of receipt of the application, after making such enquiry deemed necessary and after verifying the authenticity of the documents submitted by the parties and after hearing them and giving the parties sufficient opportunities as required under the Act and the principles of natural justice, pass such appropriate order as it deems fit, as provided under the Act.
(6) Signing of order and the notice and the official seal, (a) livery judgment, order and the certificate of the Competent Authority shall be delivered or supplied or provided to all the concerned parties.
(b) The Competent Authority shall have an Official Seal of its own, which shall be kept in the custody of the Competent Authority.
(c) Every judgment, order, certificate and the notice issued under the Act or these Rules shall be signed by the Competent Authority and shall bear the official seal on it.
(d) All the records of the Competent Authority shall be kept in its custody.
(7) After Form V appended to the principal Rules, the following Forms shall be added, namely:—
"FORM VI
(See rule 12)
Form of application under proviso to sub-section (I) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963) for obtaining direction to the concerned Registrar of Co-operative Societies for registration of society.
| Court fee Stamp of Rupees 1000/- (Rupees One Thousand only) |
Before the Competent Authority at...........................................
Application under proviso to sub-section (I) of section 10
of the Maharashtra Ownership Flats
(Regulation of the promotion of construction, sale,
Management and transfer) Act, 1963.
Application No...................of 20......................
..............................................................................................Applicant/s;
Versus
.............................................................................Promoter/s Opponent/s.
The Applicant/s above-named state as follows :
1; The Applicant is the Chief Promoter of................................................................. Co-operative
Housing Society Ltd ( Proposed ) having its address at Plot No............................. (address) ............................................................................................................................................................
(Hereinafter referred to as " the said proposed Society" for the sake of brevity).
2. The Chief Promoter has been elected in the meeting of the persons who have taken flat from the Opponent (hereinafter referred to as "the flat purchasers") held on ......................and the copy of the resolution is annexed and marked Exhibit No.............
3. The Applicant states that the building of the Society consists of.......................... wings/ ..................... building known as......................
( give the description here)
4. The Applicant state that the Opponent No......................and/or their Authorised Representatives has/have entered into Agreement for sale of flats/ shops with the individual purchasers of the flat/ shop and entered into Agreement for Sale of the said flat/shop as required under section 4 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and all Agreements arc duly stamped, as required under the Bombay Stamp Act, 1958 and also duly registered, as required under the Registration Act, 1908.
5. The Opponent No.l and their Authorised Representatives have agreed to register the Society or Company or Association of flat purchasers, to maintain the building and common areas. The copy of the said Agreement for Sale executed with one of the flat/ shop purchaser Mr./ Mrs......................................................................................................................................with
the Opponent No..............................is enclosed herewith and marked as Exhibit No.
6. And a list of flat purchasers with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No......................
7. The Applicant further states that the flat purchasers in their meeting have elected the Applicant as a Chief Promoter and also have authorised the Applicant to register the Society.
8. The Applicant states that the Opponent No.......................has failed to submit an application for registration of the organisation of flat purchasers as a co-operative society as required under sub-section (I) of section 10 of the said Act within the time prescribed under rule 8 of the Maharashtra Ownership flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964. The Applicant is, therefore, entitled to get the direction / order from this Competent Authority for registration of the Society by the flat purchasers of the said building as per the provisions of the Maharashtra Co-operative Societies Act, 1960, under proviso to sub-section (I) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.
(Details of the sequence of events and the correspondence may be mentioned by the Applicant here)
9. The Applicant will rely upon a list of documents, which is annexed hereto.
10. The Applicant, therefore, pray –
(a) That this Hon'ble Competent Authority be pleased to order the registration of the proposed co-operative society under the proviso to sub-section (I) of section 10 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.
(b) For costs of the application to be provided.
(c) For such other relief as this Hon'ble Competent Authority may deem fit.
Sd/- , Sd/-
Advocate/Authorised Representative Applicant.
VERIFICATION
I, Shri.................................................................................................................being the Applicant/
Chief Promoter of proposed Society and Authorised Representative abovenamed, residing at............................................................................................floor........................do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and I believe the same to be true.
Solemnly declared at....................................
This day.....................of...................20.................. Sd/-
Before me
Sd/- Sd/-
Advocate/Authorised Representative Notary Public.
Note. When an Applicant is a Body Corporate, a copy of the resolution of its Committee or Board of Directors shall accompany the Application.
FORM VII
(See rule 12)
Form of Application under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963 to issue a Certificate for unilateral deemed conveyance or registration of Declaration in favour of the Applicant.
| Court fee Stamp of Rupees 2000/- (Rupees Two Thousand only) |
Before the Competent Authority at........................................
Application under sub-section (3) of section 11
of the Maharashtra Ownership Flats (Regulation of the
promotion of construction,
sale, management and transfer) Act, 1963.
Application No............................of..............20.......................
............................................................................Applicant/s;
Versus
.............................................................................Promoter/s Opponent/s.
The Application/s abovenamed State as follows :
(1) The Applicants arc the members of a Co-operative Housing Society formed under section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963 duly registered under the Maharashtra Co-operative Societies Act/ the Company/ Association of Apartment-takers having its registered office at (address).............................................................................................................................................................................................(hereinafter referred to as "the said Society"/"said Company"/ "said
Association of Apartment-lakers").
(2) The said Society / the said Company/ the said Association of Apartment-takers is in possession of a Plot of land bearing Survey No............................,Hissa No............................, City Survey No............................ admeasuring ...........................sq. metres, (hereinafter referred to as "the Suit Premises")- Hereto annexed and marked as I exhibit No............................is the copy of Registration Certificate of the said Society / the said Company/ the said Association of Apartment-takers.
(3) The Applicant states that the building of the said Society / the said Company/ the said Association of Apartment-takers consists of........................... wings / ...........................building known as............................
(give the description here)
(4) The Applicant states that the Opponent has entered into an Agreement for Sale of flats/ shops with the individual purchasers of the flat/ shop as required by section 4 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and all Agreements arc duly stamped as required under the Bombay Stamp Act, 1958 and also duly registered as required under the Registration Act, 1908. The Opponent has agreed to convey the suit premises with the entire building constructed thereon (hereinafter referred to as "the said Property") to the said Society / the said Company / the said Association of Apartment-takers within the period agreed upon in the agreement or within a period of four months from the formation of the said Society / the said Company/ the said Association of Apartment-takers, as provided in rule 9 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964. The copy of the said Agreement for Sale executed with one of the flat / shop purchaser Mr. / Mrs..................................
……………………………………………………………….. with the Opponent No................. is enclosed herewith and marked as Exhibit No............., and a list of present members with the details of flat number, area, stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit No.............................
(5) The Opponents have failed to execute a conveyance for conveying the right, title and interest of the promoter in the land and building in favour of the Applicants, which they arc legally entitled to have and enjoy as provided under the said Act and the rules made thereunder. (In case of Association / Condominium to be submitted under Apartment Ownership Act, as per the desire of flat purchasers, the fact should be mentioned and the failure of the promoter in complying with the provisions of the law should be brought out here)
(6) The Applicant is, therefore, entitled to have a certificate issued by this Competent Authority that the Applicant is entitled to have a unilateral deemed conveyance in respect of the suit premises under section 11 of the said Act.
(7) Accordingly, this Competent Authority be pleased to issue a certificate of entitlement of unilateral conveyance of land admeasuring ............sq. metres as specifically set out in (the Property Registration Card) the copy of the Agreement dated................................along with building situated at Plot No............................, bearing Survey No............................ Hissa No............................at...........................gunla, ...........................(Name of the place) ..................... ……………………………….in favour of the Applicant as the same falls within jurisdiction of this Hon'ble Competent Authority.
(8) The Applicant will rely upon a list of documents, which is annexed hereto.
(9) The Applicant therefore prays that:
(a) This Hon'blc Competent Authority be pleased to grant a Certificate that the Applicant is entitled to have an unilateral deemed conveyance of Suit Premises under section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and to have it registered.
( b) For costs of the application to be provided.
(c) For such other reliefs as this Hon'ble Competent authority may deem fit.
Sd/- Sd/-
Advocate/Authorised Applicant.
Representative for Applicant.
VERIFICATION
I, Shri.........................................................................................................member of the Applicant
and Authorised Representative abovenamed, residing at ......................... floor ....................... ……………………Co-operative I lousing Society Ltd....................................................................
do hereby state on solemn affirmation that what is stated in the foregoing Application is true to my own knowledge and 1 believe the same to be true.
Solemnly declared at.........................
This.........................20.......................... (Sd/-)
Before me
Sd/- (Sd/-)
Advocate/Authorised
Representative for Applicants. Notary Public.
FORM VIII
[See rule 13(1) (c)]
Form of Notice to the Applicant to comply with the requirements in the Application filed under proviso to sub-section (I) of section 10 or sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
Before the Competent Authority at................................
Application u/s. 10 or 11 of the Maharashtra Ownership Flats
(Regulations of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963.
Application No...........of 20................
............................................................................ (Applicant/s.)
Versus
.............................................................................(Promoter/s) (Opponent/s.)
To,
The above named Applicant
1. You have filed an Application for order under section 10/11 of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the said Act").
2. It docs not comply with provisions of the Act, and the Rules and notifications made thereunder in the following respects :
(a)...........................................................................................................
(b)..........................................................................................................
3. You arc hereby required to remedy the defects within 15 days of the receipt of this notice by you. If you fail to comply with the requirements as mentioned above, within the said period, your Application will be rejected and filed accordingly and no claim or request whatsoever will be entertained thereafter.
Given under my hand and the seal of the Competent Authority.
| Seal |
By order,
Competent Authority.
Dated the 20 .
Requirements/ Defects
(1) It does not specify the name and address of the Applicant/s and also those of the Opponent/s as required under the rules.
(2) It does not bear court-fee stamp of Rs......................as required under the rules.
(3) (a) No Vakalatnama is filed though the memo is signed by the Advocate.
(b) The Vakalatnama docs not bear Court Fee stamp of Rs...........................................
(c) The Vakalatnama is not signed by all Applicants.
(4) A certified copy of the Agreement for Sale executed with the Promoter / Builder is/ arc not filed.
(5) The uncertified copies of Sr. No......................above are not filed as per the rules.
(6) The Application is not verified as required under the rules.
(7) Additional copies of.........................Application with annexure required to be sent to all the Opponents / Promoter as per the rules arc not tendered.
(8) A Resolution of the Managing Committee/Board of Directors authorising the Applicant on behalf of the Society or the Company or the Association to sue or be sued on behalf of the Society or the Company or the Association is not filed.
(9) (a)The Application suffers from defect as stated in para. No...........................
(b) The Application complies with all the requirements under the Rules. It is registered as Application under section/rule.........................of the Act/Rules. Letter or requisition calling for relevant record put for signature.
Officer of the Competent Authority
FORM IX
[See rule 13(2)|
Register of applications received by the Competent Authority under section 10 and 11 of the Maharashtra Ownership Plats
( Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
| Sr. No. | Dale of receipt & mode of receipt and case Number | Name & Address of the Applicant/ and their pleaders or agents, if any | Name & Address Of the Opponents and their pleaders or agents. if any | Section under which application on is tiled | Date on which Applicant was directed to rectify the defects and the dale of compliance | Dates qf hearing and manner of service of notice | Date of disposal of the application/ order passed/ certificate issued |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
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FORM X
[See rule 13(2)]
Form of Notice to the concerned parties.
Before the Competent Authority at.........................
Application u/s. 10/11 of the Maharashtra Ownership Flats
( Regulations of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963.
Application No....................... of 20.......
............................................................................ (Applicant/s.)
Versus
.............................................................................(Promoter/s)/ (Opponent/s.)
To,
The above named Applicant/s and address The Promoter/Opponent/s and address
1. Take notice that the above Application has been filed by the Applicant under section 10 or 11 under the Maharashtra Ownership Plats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and under the applicable Rules against the Promoter/ Opponents and the entire Application with enclosures arc attached herewith.
2. The Promoter/Opponent/s is/are hereby called upon to file his/their written reply on................at................time at the office of Competent Authority as his/ their defence in person or through his Advocate or his Authorised Representative and the Applicant is advised to collect the reply, if any filed, on................at................ time at the office of Competent Authority.
3. Considering the written reply received/ not received, the final hearing/ oral argument in the above case has been fixed on................at.................
4. If you do not file the reply or do not appear on the above date or dales, personally or through the duly appointed Representatives, the matter will be heard and decided ex-parte
5. Given under my hand and the seal of the Competent Authority.
By order,
Competent Authority.
Dated the 20........"
By order and in the name of the Governor of Maharashtra,
SITARAM KUNTE,
Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION. PRINTED AND PUBLISHED BY Slim PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJ1 SUBHASH ROAD. CIIARNI ROAD, MUMBA1 400 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CIIARNI ROAD. MUMBAI 100 004, EDITOR : HIIRI PARSHURAM JAGANNATH GOSAVI
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