The Pune District Co-operative Housing Federation has demanded that the state government should file criminal cases against the builders not signing conveyance deed for transferring the land of housing projects to societies.
“Builders are unwilling to transfer the land because they want to continue to have a stake in the maintenance cost, open amenity area and redevelopment of societies. The government must file criminal cases against them,” said Suhas Patwardhan, the chairman of Pune District Co-operative Housing Federation.
The title of land and building is transferred in favour of housing societies from builders through the execution of conveyance deed. According to the provisions of the Maharashtra Ownership Flat Act 1963 (MOFA), conveyance is the right of the co-operative housing societies and the duty of the builders to be executed within four months from the date of the registration of the co-operative society.
Patwardhan said, “Redevelopment of societies, which are about 30-40 years old, is stuck in legal tangle because societies have no ownership of land. The state government must give conveyance to societies existing for more than 10 years without asking for any documents.”
He added that the MOFA was soft on developers and so the act must be amended. Under REAR, the fine payable by the builder for delaying conveyance is up to 10% of the project cost, whereas under MOFA it is Rs 50,000.
As builders were not going for conveyance, the state government amended the MOFA making provision for deemed conveyance in favour of co-operative housing societies. According to the amendment, after the expiry of four months of the formation of the housing society, the land and building is deemed to have been conveyed to the society and the society members can approach the government authority to seek the title of the land.
“Our society is 40 years old and we want to redevelop it. But we realized that the society has no ownership of land. Heirs of developer who constructed our building are claiming stake on the land and want share in redevelopment. They are also insisting that they will redevelop the society. We shall now go for a deemed conveyance. But it will be a lengthy process. We are even ready to fight a legal battle,” said Vinayak Puranik from Kothrud.