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TAX, ACCOUNTS, LEGAL & HOUSING SOCIETY CONSULTANTS

HOUSING SOCIETY ISSUES

02. Deemed Conveyance

INTRODUCTION

Deemed Conveyance is one of the routes to apply for Conveyance to the District Deputy Registrar (DDR) instead of approaching the Court, in case of non-cooperation of the Builder. Accordingly, amendments were made in the MOFA Act & Rules and DDRs were appointed for various regions so that societies could apply as per the jurisdiction and get the appropriate order from the DDR.

OBJECTS AND REASONS FOR AMENDMENT OF THE MOFA RULES, 1964

The Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management and Transfer) Rules, 1964 were framed under the Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management and Transfer) Act, 1963 and were amended from time to time to give effect and true interpretation to the various provisions of the said Act.

The Act and the Rules were made to effectively prevent the sundry abuses and malpractices of the promoters or developers of the properties, which were brought to the notice of the State Government, during the time when there was acute shortage of housing in the several areas of the State.  After a lapse of more than four decades, the housing activities have been stabilized to a great extent, though there is a need of continuous control and monitoring of these activities.

It has been now observed by the State Government that the said Act and Rules were not effective in protecting the interest of the flat purchasers and the promoter used to avoid the statutory obligation cast on them under one or the other pretext.
 
To protect the interest of the flat purchasers and to implement the spirit of the law certain amendments were done in the Act and a competent authority has been appointed to hear the complaints of the aggrieved flat purchasers and to implement the decision thereof.
To implement such amendments in the Act,  required amendments are made in the Rules describing the details of the functions of the Competent Authority, procedure to pass necessary order for directing the registrar to register the society  or appointment of authorised officer to execute and register the conveyance deed in favour of the Applicant / Federation / Society or submitting the Declaration which were not carried out by the promoter inspite of making the provisions in the Act and the Rules.

IMPORTANT AMENDMENTS

The important amendments proposed to be carried out are as follows: 

a) Inclusion of various definitions;

b) Rules for making the application under section 5, 10, 11, 13(4) and 13(5) and the court fees to be affixed and the documents to be attached with the application;

c) The manner of hearing the application by the competent authority;

d) Various model forms to be filed before the competent authority and model forms of notice, order, judgment and the certificate to be issued by the competent authority or his authorised officer who would execute the conveyance deed or the declaration on behalf of the promoter/ land owner who have failed to discharge their duties as provided under the Act and the Rules.

The Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2009.
                        
RULE 2

Rule 2 provides for the various Definitions. Accordingly, in these rules, unless the context otherwise requires:-  
                                           
(a) “Act” means the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act 1963, {Mah. XLV of 1963};

(b) “Apex Body or Federation” means a separate independent legal body, Co-operative Housing Federation, Company, firm or association or any other legal entities formed under the applicable laws to obtain the conveyance of entire Layout Plot, common areas and the facilities in its name with clear mention about the percentage or share of undivided right, title and the interest of individual members/ partners/ entities on such Layout Plot and the common areas and the facilities. The societies, company, persons, associations who are managing or will be managing their own building or buildings or structures, wings in a Layout Plot under the applicable laws shall be the members/ partners of such apex Body or the Federation. The Apex Body or the Federation shall manage and administer the entire Layout Plot, common areas and facilities for the benefit of its members/partners and collect contribution from members/partners towards the common expenses incurred or to be incurred thereof by them.

(c) “Association or condominium” means any property consisting of building or buildings, is constructed or to be constructed and the promoter submits such property to the provisions of the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971) by executing and registering a Declaration as provided by that Act.
 
(d) “Carpet Area of a Flat” means the carpet area as defined by a Local Authority or Town Planning Authority in accordance with building rules or building bye-laws or Development Control Rules made under any law for the time being in force.

(e) “Common Areas and facilities in Layout Plot” means and include open spaces, play ground, paths, pathways, alleyways, roads, garden or gardens located outside the area of any building or buildings or wings or structures, street lights, securities, water and electric supply, water tanks, club house and other open space, Swimming Pool, recreational facilities, etc. provided or to be provided by the Promoter within the Layout Plot.

(f) “Conveyance” means sale, transfer of property,   lease, sub-lease and/or assignment as provided under Transfer of Property Act, 1882.

(g) “Declaration” means the Declaration as defined under Maharashtra Apartment Ownership Act, 1970 and includes the instrument by which the property is submitted to the provisions of Maharashtra Apartment Ownership Act, 1970, as provided by section 2 of that Act, and which has been lawfully amended from time to time.

(h) “Form” means a form appended to these rules.

(i) “FSI or Floor Space Index” means the built up area allowed to be constructed on a piece of land as per the  Local Authority  or Town Planning Authority in accordance with building rules or building bye-laws or Development Control Rules made under any law for the time being in force.

(j) “Layout Plot or Complex” means a scheme or project of development with common areas and facilities consisting of two or more buildings or structures or wings constructed or to be constructed by the promoters on one or more plots of land so amalgamated and approved as such by the Local Authority or Town Planning Authority in accordance with building rules or building bye-laws or Development Control Rules made under any law for the time being in force.

(k) “Legal Body/ Entity” includes a Society registered under Maharashtra co-operative societies Act, 1960 or a Company registered under Companies Act, 1956 or an Association/ Condominium formed by submitting a Declaration under Maharashtra Apartments Ownership Act, 1970 of the flat purchasers in a building or buildings to manage and regulate its affairs as per the provisions of the applicable Laws and the internal Rules and regulations (Bye-laws) as made applicable to them. It also includes an association of persons registered as  a society under Society  Registration Act, 1860 or under Bombay Public Trust Act, 1950 or a Firm registered under Indian Partnership Act, 1932 or any other legal entities registered under any applicable laws  for the time in force for the purpose of management of any building/s, its common areas and the facilities as per the provisions of the law and the set rules and regulations applicable to its members / Partners as agreed between them from time to time.

(l) “Member” means –
1) a member of a duly registered co-operative Housing Society under the Maharashtra Co-operative Societies Act, 1960 or

2) a member of the Company Registered under the Companies Act, 1956 or

3) an apartment owner who has submitted his apartment under the Maharashtra Apartment Ownership Act, 1970 or

4) any person who has purchased the flat or shop or unit from the developer/ builder/ Promoter under the Act or

5) a legal entity or  person/s who has/ have  joined as a member of Apex Body or  Federation in a Layout Plot ;
(m) “Pleader” means a pleader as defined in clause (15) of section 2 of the Code of Civil Procedure, 1908;

(n) “Section” means a section of the Act;

(o) “Sub-Registrar” means the concerned registering officer appointed under Indian Registration Act, 1908;

(p) Words and expressions used but not defined in these Rules shall have the meanings assigned to them in the Act.

RULE 9 (2)

In case of Layout Plot, the promoter / Land Owner  shall convey to the legal entities within the specified time, the exclusive  rights, title  and interest in the building/s and the structure of the promoter, managed by them and the proportionate undivided share, title and interest in the  Layout Plot, common areas and the facilities provided or to be provided calculated based on the total FSI permissible on such Layout Plot as per the prevailing law in force at the time of approval of plans for constructions of such building/s  by the local authorities or the town planning rules or the Development control Rules. Not withstanding the above, on the date of conveying the properties to the legal entities, if there is any balance FSI available or any benefits of Transfer of Development rights in respect of unutilized FSI, the same shall be available to the promoter for development on such Layout Plot without any hindrance by the flat purchaser/s and which has been disclosed at the time of purchase of such flats. The promoter cannot withheld the conveying the land and the building to the legal entities for want of further development in unutilized area / FSI or for want of formation of Federation or Apex by the legal entities on such Layout Plot.

RULE 9(3)

Where the legal entities functioning in a Layout Plot have formed the Apex Body or the Federation, the conveyance, if desired by such legal entities can be executed in favour of Apex Body or the Federation. The Apex Body or the Federation also can be formed by the legal entities on a Layout Plot to manage and administer the common areas and the facilities without having any legal rights, title and the interest in the property in such a Layout Plot and all such legal rights, title and the interest is transferred to the respective legal entities as described in sub-rule (2) above.

RULE 9(4)

The promoter shall submit a copy of the duly registered conveyance deed as provided under the Act or  Declaration conveying rights, title and interest in the land and  the building executed in favour of the society registered under Maharashtra Co-Operative Societies Act, 1960 or the company registered under the Companies Act, 1956 or the association/condominium of the flat purchasers submitted under Maharashtra Apartment Ownership Act, 1970, as the case may be,  to the Competent Authority within two months from the date of execution and registration thereof.

RULE 11 

Sub-Rule 1: Presentation of applications:
(a) Every application filed under section 5, 10, 11, 13(4) and 13(5) shall be presented in person by the applicant or by their duly appointed agent, to the Competent Authority during the office hours of the Office of the Competent Authority or sent to him by registered post. Where applications are sent by post, they shall not be accepted unless due postage has been paid.

(b) Where an application is signed and presented by an agent, it shall be accompanied by a letter of authority appointing him as such and duly signed by the applicant and accepted by the agent.

(c) Every application shall be made in accordance with the provisions of the Act, the rules and notifications and shall affix the court fee stamps as provided for in these rules for such application.

(d) Every application shall —

(i) be either typewritten or written in ink in legible handwriting; 
 
(ii) specify the name and address of the applicant and also those of the opponent;

(iii) state clearly the grounds on which the application is made;

(iv) state precisely the relief which the applicant is seeking;

(v) be tendered in such number of sets as required depending on the number of opponents involved;

(vi) accompany certified copy of the resolution authorizing the applicant to file the  application when the same is filed for group of persons / flat purchasers or on behalf a body corporate or a legal entity.

Sub-Rule 2: Notice of date of hearing
The Competent Authority shall issue necessary notice to the concerned parties for hearing and publish/display the dates fixed for the hearing thereof on the office notice board sufficiently in advance.

Sub-Rule 3: Place of hearing

All applications filed under section 5, 10, 11, 13(4) and 13(5) shall ordinarily be heard at the respective offices of the Competent Authority.

Sub-Rule 4: Office hours

The Office of the Competent Authority shall observe the same office hours as other offices of the Government of Maharashtra. It shall remain closed on Sundays and on such other days as may be declared to be holidays for such offices by the State Government.

Sub-Rule 5: Applications under Section 5

(a) Every application filed under section 5 shall be in form VI and shall affix court fees stamp of Rs. 500/-.

(b) Every such application shall be accompanied by certified copies of the registered Agreement for sale entered into with the promoter/opponent party and the proof of payments made to the promoter/ opponent party.

(c) Every application under section 5 shall invariably make the persons, firm or the company or its partner or the director and every person involved in the collection of moneys from the flat purchasers for the management of the building/s or the structures and who is liable for disclosure of information provided therein including the promoter prescribed under the Act as opponent/s.

Sub-Rule (6): Applications under Section 10

(a) Every application filed under section 10 shall be in form VII and shall affix court fees stamp of Rs. 1,000/-.

(b) Every such application shall be accompanied by, wherever possible, certified copies of the following documents:

i) the registered Agreement for sale entered into with the promoter/opponent party,
ii) 7/12 Extract, Village form No. 6 (Mutation Entries),
iii) Property card,
iv) Title and Search Report issued by an Advocate,
v) Non-Agricultural Order,
vi) Plan approved by the appropriate authority,
vii) Commencement Certificate,
viii) Completion Certificate,
ix) Occupation Certificate,
x) List of Flat Purchasers and unsold flats,
xi) Proof of payment of Stamp Duty & Proof of Registration of at least 60% of the flat purchasers in the building/s,
xii) Legal notice send to the promoter demanding the formation of the society or the association or the company as provided under the Act.

(c) Every application under section 10, wherever possible, shall make the persons, firm or the company or its partner or the director, land owner, mortgagee and every person involved or flat purchasers or who bring hurdles in the process of formation of the society or the company or the association as the case may be, including the promoter prescribed under the Act, as opponents.

Sub-Rule (7): Applications under Section 11

a) Every application filed under section 11 shall be in form VIII and shall affix court fees stamp of Rs. 2,000/-

b) In case of Layout Plot, the application shall be made out as under:

(i) Where, the Layout Plot is already sub-divided in proportion to the area constructed of respective building/s and is being managed by separate legal entity, the applicant shall make an application for an exclusive rights on the buildings and the appropriate portion of land appurtenant thereto and the necessary evidence of sub-division of the layout plot / respective property cards need to enclosed.
 
(ii) Where, the societies or the companies or the associations or the persons having structures in the Layout Plot have formed or registered  an Apex Body or a Federation  and such an Apex Body or the Federation  so formed or registered can apply for conveying the rights, title and the interest of the promoter in all the buildings or structures and the land in the  Layout Plot , common areas and the facilities in favour of such Apex Body or the Federation in which all the societies, companies, associations or the persons managing the building or buildings shall become a member/s or partner thereof.

(iii) Where the Layout Plot is not sub-divided or the applicants does not want to carry out the sub-division or the sub division is not possible being common areas and the facilities spread out in the layout Plot , an Apex Body or  a Federation is not formed or not intended to be formed by them, the entities managing their structures independently can make a joint or separate applications to the competent authority enforcing a separate conveyance or a joint conveyance conveying the undivided rights, title and interest in the Layout Plot , common areas and facilities to the respective entities and exclusive rights, title and the interest in the building which are being managed by them. The Federation or the Apex Body may be formed only to mange and look after the common areas and the facilities, collect the contribution thereof and spend for the purpose for which it is collected without having any legal ownership/ lease rights, title or interest in Layout Plot or the common areas and the facilities.

(iv) The application shall give compete description of proportion rights, title and interest of each of the entities managing the constructed building/s or the entities to be formed for the buildings to be constructed  in the Layout Plot under a scheme or project of development in Layout Plot as approved by the local authority in accordance with the building rules and building bye-laws or Development Control Rules made under any law for the time being in force at the time of commencement of scheme or the project of development in Layout Plot and shall accompany a certificate from the practitioner Architect about each entities entitlement of undivided interest in the Layout Plot, common areas and the facilities in the Layout Plot or a  certified copy of Layout Plot scheme or the project of development as approved by the appropriate authorities, if available.

(v) Where the application is filed separately by each of the entities, every other entities or persons having their building or structures on such Layout Plot, land owner/s, promoters and all other interest parties shall be made the opponent in the application. Where the applicant has failed to make such other interested parties as opponent and on knowing such fact, the competent authority shall direct, the applicant to make all such other interest parties as opponents/ parties to the application. The Competent Authority shall give a reasonable opportunity of being heard of all such other parties before issuing any certificate of unilateral conveyance to the applicant.

c) Every application shall accompany, wherever possible, the certified copy of the following documents:
i) the registered Agreement for sale entered into with the promoter/opponent party,
ii) 7/12 Extract and Village form No.6 (Mutation entries)
iii) Property card,
iv) Location Plan,
v) City survey plan or survey plan from the revenue department,
vi) Layout Plot plan approved by the local authority,
vii) Architect certificate about the entitlement of undivided interest in the entire Layout Plot, common areas and the facilities by each of the entity or the structure constructed or to be constructed on such Layout Plot,
viii) Latest Title and Search Report for last 30 years from an advocate,
ix) N.A. Order.
x) Certificate under Urban Land Ceiling Act, 1976
xi) Building / Structure Plan approved by the appropriate authority,
xii) Commencement Certificate,
xiii) Completion Certificate,
xiv) Occupation Certificate,
xv)  List of Flat Purchasers,
xvi) Proof of payment of Stamp Duty,
xvii) Proof of Registration, etc.,
xviii) Development agreement  or power of attorney or agreement for sale executed by the landlord with the promoter for development or for transferring the right, title and the interest in the land in favour of the promoter,
xix) Any other land or building related documents papers in support of the application,
xx) Legal notices send to the Promoter and other interested parties to execute the conveyance deed or declaration as provided under Maharashtra Apartments Act, 1970 in favour of the applicant/s,
xxi) Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.

(d) Every application under section 11, wherever possible, shall  make the persons, firm or the company or its partner or the director, land owner, mortgagee and every person involved or flat purchasers, member  or who bring hurdles in the process of conveying the land and the building including all the common areas, construction and the facilities on the said land, in favour of the society or the company or the association or common entity, as the case may be, including the promoter prescribed under the Act, as opponents.

(8) Applications under Section 13(4) and 13(5):
(a) Every application filed under section 13(4) and 13(5) shall be in form IX and shall affix court fees stamp of Rs.500/-

(b) Every such application shall be accompanied by certified copies of the order passed by the appropriate authority or the court convicting the promoter of any offence under this Act.
 
(c) Every application under section 13(4) and 13(5) shall invariably make the persons, firm or the company or its partner or the director and every person involved in the offence and whom court has convicted for any offence under this Act including the promoter prescribed under the Act as opponent/s.

Sub-Rule (9): Scrutiny of applications and notice to the parties

(a) On receipt of an application, the office of the competent authority shall endorse on it the date of its receipt by him. The office of the “competent authority” shall satisfy that the application is complete in all respects and thereafter proceed to register it in the register maintained for the purpose in form No. X.

(b) If the application is not complete, the competent authority may send notice in the prescribed form, upon the applicant/s to rectify or comply with, such requirements as he may deem fit to conform with all the provisions of the Act, and these Rules. The notice to rectify or comply with the requirements shall be in form XI.

(c) On compliance of the requirements under sub-clause (b), the application shall be registered. If the requirements are not complied with, within the period specified under sub-clause (b), the Competent Authority shall dismiss the application.

(d) On registering the application the Competent Authority shall, within fifteen days, issue a notice in form XII to the opponent/s requiring him to file his written statement on the day, date and place as specified in the notice. Such notice shall be served by registered post acknowledgment due or under certificate of posting on the last known address.

(e) The competent authority shall also issue a public notice at the cost of the applicant/s  in two daily newspapers having wide circulation of which at least one should be in Marathi Language inviting, the claims, objections, demands and interest of any person in  the suit property. Such public notice shall be in from XIII giving at least 15 days notice to the opponent / any other interested parties to appear and file his say his defence against the application filed before the Competent Authority.

Sub-Rule (10): Appearance of parties and consequence of non 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 in defence. The Competent Authority may grant adjournment for a period not exceeding 15 days in the first instance to file a written statement.

(b) On the date of hearing, if the applicant appears and the opponent or any of the opponents, if more than one, does not or do not appear, as the case may be, the Competent Authority shall satisfy himself that all the opponents are duly served the notices and order the applicant to prove and justify the prayers made in the application on the next date and decide the application ex-parte;

Provided that, before deciding the application, if the opponent appears and shows a sufficient cause for his previous 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 agent or pleader when application is called for hearing, the competent authority may dismiss the application or may decide it on merits after hearing the opponent or his agent or pleader, if present.

(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 agent or pleader when the application is called for hearing, the competent authority may decide the same on merits after hearing the applicant or his agent or pleader, if present.      

Sub-Rule 11: Production and inspection of documents

(a) The parties shall file the documents referred to in the pleadings at the time of filing application and statement of defense, 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, by an order in writing, direct such party to produce such document on the next date of hearing. However, no such application shall be entertained from the opponent before filing his written statement in defence.

(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 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 he may allow the filing of such additional statement. In no other case, such additional statement shall be allowed to be filed.

Sub-Rule 12:  Procedure for hearing the application

(a) On receipt of the statement in defence of the opponent, the applicant shall prove contents of the application and also deal with the contention of defences. The opponent likewise may file reply in support of the defence on the next date, if he 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 shall close the proceedings for the order

(c) The Competent Authority within reasonable time and in any case not later than 6 months, 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 law of natural justice shall pass such appropriate order as deems fit as provided under the Act and these Rules.

It is to be noted that the above clause (c) is very beneficial for the applicants since the maximum time within which the Competent Authority has to decide and pass suitable order has been capped at 6 months only. Hence there would be no further delay in getting the Conveyance executed in favour of the society.

Sub-Rule 13: Judgment, Order and Certificate

(i) (a) When the hearing of an application filed under section 5, is complete, the competent authority shall issue necessary speaking order in form XIV incorporating therein the say of the applicant/s, reply/replies by the opponent/s, arguments made by the parties and the decision taken by him with the appropriate reasoning. 

(b) When the hearing of an application filed under section 13(4) and 13(5), is complete, the competent authority shall issue necessary speaking order in form XV incorporating therein the say of the applicant/s, reply/replies by the opponent/s, arguments made by the parties and the decision taken by him with the appropriate reasoning. 

(c) When the hearing of an application filed under section 10 is complete, the competent authority shall issue necessary speaking order in Form XVI incorporating therein, the say of the applicant/s, reply/ replies f\by the opponent/s, arguments made by the parties and the decision taken by him with the appropriate reasoning. The above speaking order made by the Competent Authority, wherever appropriate, shall include, necessary direction to the Registrar to register the society after completing the necessary formalities prescribed under Maharashtra Co-operative Societies Act, 1960.
 
(d) When the hearing of an application filed under section 11 is complete, the competent authority shall issue necessary speaking order in Form XVII incorporating therein, the say of the applicant/s, reply/ replies f\by the opponent/s, arguments made by the parties and the decision taken by him with the appropriate reasoning The speaking order made by the competent authority, wherever appropriate, shall include, a certificate that such society or as the case may be, company or association or persons jointly or severally or as an Apex Body or a Federation   is  entitled and  is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and building in their favour and to have it registered and shall appoint an authorized officer from the office of the competent authority to enforce , to execute and to register the Conveyance deed on behalf of the opponent/s under Indian Registration Act, 1908 or to prepare, execute and register a declaration and bye-laws as provided under Maharashtra Apartments Ownership Act, 1970 as the case may be.

The appointment of Authorized Officer shall be in Form XVIII and the authorized officer shall execute the necessary conveyance deed or the declaration as provided under Maharashtra Apartments Ownership Act, 1970 and shall issue a letter addressed to the concerned sub-registrar in form XIX exempted from appearing before him being a government servant as provided under section 88 of the Indian Registration Act, 1908 to facilitate the applicant to register the conveyance deed or the declaration as the case may be.

(e) The speaking order made by the competent authority in the case of Layout Plot under section 11, wherever appropriate, shall bring out clearly  the right, title and the interest of each of the parties who have joined in the application or were made as the opponent/s  and the manner, whether separately, jointly or as a common entity or certain percentage of undivided interest in the Layout Plot, common areas and the facilities, in which the right, title and interest of the promoter or the landlord or other interested parties in the Layout Plot, common areas and the facilities to be conveyed to the applicant or persons or other entities managing or will be managing their affairs on such Layout Plot.  

(f) On the receipt of the Order and the certificate of Unilateral deemed conveyance issued by the Competent Authority, the applicant shall prepare a conveyance deed  or the Declaration under Maharashtra Ownership Apartments Act, 1970 as per the order of the competent authority, pay the appropriate stamp duty, get the same executed by the parties involved including the authorized officer appointed by the competent authority on behalf of opponents  and submit the same with the order and the certificate of Unilateral deemed conveyance to the Sub- Registrar or the concerned appropriate Registration Officer under Indian Registration Act, 1908 for registration and in turn the Sub- Registrar shall, after completing the procedure prescribed under Indian Registration Act, 1908, register such  conveyance deed or  declaration to convey the right, title and interest of the promoter/ land owner in the land and building in favour of the applicant/s or  society or  company or association or the common entity as the case may be.

(ii) Every Judgment, Order and the certificate of the competent authority shall be delivered or supplied or provided to all the concerned parties and same shall be in writing.
 
Sub-Rule 14: Signing of Order and the notice and the official seal

(a) The competent authority shall have an official seal of its own, which   shall be kept in custody of the competent authority.

(b) Every judgment, order, certificate and the notice issued under the Act or these Rules shall be signed by the competent authority and shall affix the official seal on such judgment, order, certificate and the notice issued by the competent authority.
(c) All the records of the competent authority shall be kept in the custody of the competent authority.

Sub-Rule 15: Costs

(a) The costs of an application that may be considered and allowed by the competent authority shall be court fees, notice fees, application fees or any other fees and expenses paid into government treasury for filing the application under this Act or these Rules at the discretion of the competent authority  

(b) In its final order, the competent authority shall state who shall bear the costs and in what proportion, if any.

FORMS PRESCRIBED UNDER THE NEW RULES

As many as 14 new forms have been provided in the new Conveyance Rules right from the model form of application under the various sections to form of notices and even model form of Judgment/Order/Certificate. The new forms are enumerated below for reference:

  1. FORM VI - Model Form of application under section 5 of the Act for the purpose of obtaining the disclosure of information provided therein.
  1. FORM VII - Model Form of application under section 10 of the Act to direct the concerned Registrar of co-operative societies to register the Society.
  2. FORM VIII - Model Form of application under section 11 of the Act to issue a certificate of fit case of Unilateral Conveyance or registration of Declaration in favour of the applicant.
  1. FORM IX - Model Form of application under section 13(4) and 13(5) of the Act for the purpose of directing the local authority not to grant permission to the promoter convicted under the offence committed under the Act for a specified period.
  1. FORM X - Form of Register of applications received in the office of the Competent Authority under section 5, 10, 11, 13(4) and 13(5) of the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
  1. FORM XI - Form of Notice to the applicant to comply with the requirements in the application filed under section 5, 10, 11, 13(4) and 13(5) of the Act.
  1. FORM XII - Form of Notice to the concerned parties.
  1. FORM XIII - Form of Public Notice to be given in the Newspaper to the concerned parties.
  1. FORM XIV - Model Form of Judgment / Order u/s 5 of the Act.
  1. FORM XV - Model Form of Judgment / Order u/s 5 of the Act.
  1. FORM XVI - Model Form of Judgment / Order u/s 10 of the Act.
  1. FORM XVII - Model Form of Judgment, Certificate of Unilateral Conveyance and the Order u/s 11 of the Act.
  1. FORM XVIII - Model Form of Order under Rule 13(i) (d) for appointing the authorised officer to execute the unilateral conveyance deed/ Declaration.
  1. FORM XIX - Model Form of Letter to be addressed to Sub-Registrar of assurance for registration of Conveyance deed executed u/s11 of the Act.

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