Deemed Conveyance
K. K. Ramani, Advocate
Deemed Conveyance
Section 11 of the Maharashtra Ownership Flats Act, 1963 requires the promoter to complete his own title and thereafter convey the title of the promoter in the land and the building to Z ! formed for the purpose, unless the promoter has submitted the property to the provisions of the Maharashtra Apartment Ownership Act, 1970 (MAOA) in accordance with section 10(2) of MOFA. The promoter is required to execute all the necessary documents in accordance with the ownership agreement. MOFA deals with and regulates the activities commencing from entering into an agreement by a builder (called ^ ! Z in the building in question and ending with the transfer of the building and the land to the society or the company after such society or the company is formed in which the builder/ promoter has to take the initiative and complete the necessary formalities for their formation. After such society/company is formed and the title over the building along with the land is conveyed to such organisation, the MOFA, 1963 ceases to have any relevance and the subsequent relations between the society/company and the Z ! \ $ " } \ } the case may be. In considering the provisions of MOFA, 1963, therefore, the provisions of the \ $ " } {˜_™
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! ! $ the society assume relevance. If the promoter has submitted the property to the provisions of the Maharashtra Apartment Ownership Act, 1970 (MAOA) and executed and registered a Declaration u/s. 2 of MAOA, 1970 in that case, it is obligatory for the promoter to ” \ $ " the fact of registering a declaration under the said MAOA. In that case it will not be lawful $ and each apartment owner gets rights to the exclusive ownership of his apartment in accordance with the provisions contained in the declaration executed and registered by the promoter u/s. 2 of MAOA. Apart from a ! Z undivided interest in the common areas and facilities appurtenant to such apartment and the interest of each apartment owner is heritable and transferable. All the Apartment Owners are  ! $ registered as exhibit to the Declaration u/s. 2 of MAOA.
Obligation to perfect the title and effect conveyance } $ company the promoter, under section 11 of MOFA, is duty bound
The Chamber's Journal April 2013
SS-VI-30