MISLEADING
WHATSAPP POST ABOUT SOCIETY’S CONVEYANCE DEED CANCELLATION:-
Dear Society Members,
Now days, the Whatsapp post about the cancellation of
society’s “Conveyance Deed” has been going viral speedily which is
totally misleading & misguiding. And it’s really very painful to see that
despite making the housing societies aware about their ownership/title of the
land, someone stupid with incomplete source of knowledge is misguiding by
circulating the baseless and support less post without verifying it’s lawful
authenticity.
And due to this bullish and misleading viral post, a
large number of the housing societies around us are getting confused that how
to get cleared their title of the land, if Conveyance Deed is cancelled..?
Therefore, to avoid such confusion or mess and for the
better or clear understanding, the
housing societies and it’s members must go through the reliable source of
knowledge which is given below in brief.
Now let’s understand what the cabinet decision talks about
Property Card and ownership of the land (Conveyance Deed)…?
1. The original cabinet decision related to recording of
ownership details of individual flat in Property card is of August 2019.
2. The Land Records are updated through mutation
entries in Property Card in urban areas or through 7/12 Utara in Rural areas.
3. We can consider this as Horizontal Property Records.
So basically these PR card entries are about the ownership of land/property.
4. What about ownership of Structure that is created
on these lands??
5. The cabinet decision of August 2019 aims at first-ever
initiative in India to record the ownership details of each and every flat,
building and commercial complex.
6. So the cabinet decision is talking about a path breaking
decision of updationof Vertical property records in the form of Supplementary
PR cards.
7. This move is going to benefit to the home buyers
who can trace the ownership of the flat through these Supplementary PR cards
and satisfy themselves before buying the flat.
8. This move is beneficial for the financial
institutions who are facing fraudulent transactions of multiple mortgages
getting created against the same property.
9. This path breaking initiative will ensure that all
the city survey offices in urban areas and the collector offices in rural areas
will have records of the individual flats as well along with the land records.
10. Beware, that this cabinet decision is nothing to
do with conveyance or deemed conveyance of the land* and hence conveyance is
cancelled is fake and misleading.
11. The land owner/s has to convey the land in the
name of the housing society and the builder/developer has to convey the title of
building in the name of CHS and these are the provisions which are there in
MOFA Act and RERA Act as well. So do not get misguided.
12. Your
society still has to go for the conveyance because that is what your object
clause says of the Model Bye laws.
13. The misleading information is circulated to create
confusion and see to it that conveyance which is crucial for a CHS to get, will
not be thought of and postponed by the CHS due to this baseless news, so please
do not get misguided.
14. Conveyance provision is in MOFA Act, it is in MCS
Act, it’s part of Model Bye laws, RERA Act and hence if it has to get cancelled
then first al these acts needs to be amended.
15. So, friends please understand the implication of
Conveyance, seek professional help on this, do not get carried away by the
misleading post, do not circulate if you yourself are not sure.
Out of the all above – Important conclusion – is
Housing Society’s Conveyance or Deemed Conveyance provision is not cancelled at
all.
For detailed information please feel free to contact
us.
Warm Regards,
Ved Legal
Mob- 9763040088
Email- [email protected]
Website- vedlegal.com
