Hsg society can apply for deemed conveyance even if property is embroiled in dispute: HC

Mumbai:

Mumbai:

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The Bombay high court recently held that even if a developer has not conveyed a property to a housing society, owing to a dispute with the owner, the society can still apply for deemed conveyance. Conveyance is the process through which a developer transfers a plot to a housing society after construction.

The HC, however, said the status of deemed conveyance would be subject to the outcome of the litigation, until which the deemed conveyance will be valid. A bench of justice CV Bhadang, which was hearing a petition by Subhash Navare and others, was told by advocate KK Malpathak that his clients had an agreement with the developers, Premji Rambia and others, to develop their property in 1979. As the developers failed to honour their agreement after the construction, the owners filed a suit against them. Malpathak said as there was a dispute between the owners and developers, the competent authority, which granted deemed conveyance to the building society in May 2013, should be directed to consider the application afresh. The society said the owners had not taken any steps against the developers till the time that they applied for deemed conveyance, so their challenge shouldn’t be allowed. Meanwhile, on the owners’ request, the HC directed the competent authority to not execute and register the deemed conveyance order for six weeks.