Hello,

Our society is 35 years old and has 3 separate buildings and 6 shops (separate from the buildings). Total plot size is about 20 gunthas. Last year, we received Deemed Conveyance Deed for the society. Our society had appointed a builder as an agent for the deemed conveyance process. And now when we read the conveyance deed, we find quite a few discrepancies in the same. I will list a couple of them below -

1) As per the original agreement between the land owner and the developer in the '80s, 6 flats were supposed to be reserved for the government nominees since the land was under the ULC act. Later, when the buildings were completed in mid-'80s, the government allotted the 6 flats to police. And the police inspectors were staying on and off in their allotted flats. For the past few years, no one is staying in these flats. However, at the time of doing the conveyance in 2021, our society realized that there are no agreements for these flats. And since they don't have any agreements for those 6 flats, they can't submit details of those flats at the time of going for conveyance. And so. without informing the society members or taking their consent, the managing committee took a decision on its own to not show those flats in the information provided to the DDR. So, the total number of flats shown in the conveyance documents is lower by 6. I only came to know about this when I was reading the documents a couple of months back. As far as I understand, misrepresentation of facts to the DDR can be a punishable offense and so I am trying to tell those committee members that they have done the wrong thing. However, their response is that the builder will take care of all this. How do I make them understand the gravity of the situation? And if they still don't understand it, how should I go about complaining about this? Whom should I approach?

2) The builder had received a permission to build a garage in the '80s next to our 3 buildings. However, instead of the garage, the builder built 6 shops there and sold those shops. The society does not have any document to see if the municipality had given any permission to these shops to operate as a commercial place since the original permission was to build a garage there. These 6 shops have been included in our conveyance as members of our society. They have their own registered agreements, property number from the municipality. However, they were never ever allotted the share certificates from our society. They do not even pay any maintenance to the society. So as such, they are not full fledged members. And still, they are included in the conveyance. I feel it was wrong to include those shops in the conveyance documents if they did not have share certificates. Am I correct about this? And how can this issue be resolved?

3) I have been told by a lawyer that misrepresentation of facts makes our entire conveyance deed bogus and illegal. Is it true? And if that's the case, how does one go about rectifying this document or cancelling it and making a new one in its place? Because our managing committee (backed by a builder, I presume) is trying to force us to go through with redevelopment. However, I feel when the conveyance document in itself is faulty, how can we even think about the redevelopment.

4) If I need to send a legal notice to our society about this, what is the process and how much would it cost for the same.

I'd appreciate if you could guide me on this. Thanks.
 CHS, property-related issues
Comments