Your Housing Problems & Solutions

Registrar Orders

The Deputy Registrar of Co-op Housing Society, P Ward had passed a directive in December 2020 that the Chairman and Secretary of our society have to pay a penalty of Rs 100 every day for not implementing his orders. However, these penalised Chairman/ Secretary continue even today in their post and they have not made payment of the penalty. What are the implications?

For not implementing Deputy Registrar's (DR) order, kindly make a complaint to District Deputy Registrar (DDR). If no action is taken by DDR within 15 days of your complaint to him, then write a RTI letter to Public Information Officer (PIO) of DDR, asking PIO to give you information on action taken by DDR on your complaint. Simultaneously, make a Lokshahi Din Complaint (LDC) complaint against DR, to District Collector (DC). DC holds LDC hearing every month on the first Monday in his office, for which complainant is called for. Immediately after the hearing, DC will pass an order to DR, to implement DR's order and recover the fine from your Society's Secretary and Chairman within a month. Copy of that order will be sent to you for follow up with DR.

In case DR has not implemented the order within a month of DC's order and recovered the fine, with copy of DC's order you will represent your previous month's LDC to DC in his next month's hearing, so that DC will send DR his second order.

This way, your work of levying the fine on Chairman and Secretary of your society will be done within two-three months of lodging the complaint.

Transfer of tenancy

I am a tenant of an old building. The owner is a public trust registered in Thane. My father was the original tenant and I have assumed his tenancy after his untimely death in 2002. I have been running a business from this property which is 200 sq.ft. When I approached the trust management for change in the name of the tenant, the trust demanded succession certificate from my brother and sister, which was duly submitted through judicial magistrate court order in the year 2004. I also made a donation by cheque to the trust for the same. But the trust has not yet transferred the shop’s tenancy in my name. Now, due to the pandemic and my age (55 years), I want to transfer the same shop in the name of my son. Please guide how to go about the transfer process and also tell us if it's mandatory to pay donations for the same?

First, enter your son's name in your business that you run on the rental premises. Then in Thane District Court, find an advocate who is an expert in transferring tenancy rights of a tenanted premises.

Put in a transfer of tenancy petition against the trust to transfer the tenancy of your shop jointly in your and your son's name. It will take six months to one year for this work in the court.

God forbid, but once you put the transfer the tenancy petition in the court — because you jointly own the business in the rental premises — if you were to pass away during the pendency of the petition in the court, the tenancy of the premises will be transferred in your son's name.

Tenant in the rented premises is not required to pay donation, if transfer of the tenancy is within the family, as per Tenancy Act 1999.

Correction on a Deemed Conveyance

Our society has received deemed conveyance from the authorities, but they have mentioned incorrect CTS number in the conveyance deed. We had approached the authorities to correct the number in the order, but they refused to do the same. Please advise how we should get the CTS number corrected so that the society can transfer the property from the builder.

First, it will need to be checked where the mistake had first happed: Whether CTS number of your society's plot is wrongly put, because your society had submitted a wrong Property Card in your Deemed Conveyance Order Documents, or was it due to an error on the part of the District Deputy Registrar (DDR) or Competent Authority of Deemed Conveyance?

Have you given the application for correction of the Deemed Conveyance Order to DDR, after registering Deemed Conveyance Deed with that Deemed Conveyance Order? Have you received a response from the office that correction in CTS number will not be made with or without any reason?

As you have not given a clear explanation in your query, I suggest that you make a complaint to Deemed Conveyance Adalat, held by District Collector on first Monday of the month, along with Lokshahi Din Complaint hearing. You have to make this complaint in three copies and submit to District Collector's office, to a person who accepts Deemed Conveyance Adalat.

If such a person is not there in the collector's office, because Deemed Conveyance Adalat Complaints are rare, meet the District Collector and explain to him that it is a complaint of Deemed Conveyance. Therefore, he should take that complaint under Deemed Conveyance Adalat, whose hearing is held by District Collector with Deemed Conveyance Redressal Forum. The Collector should conduct Deemed Conveyance Adalat on Lokshahi Din Complaint Day, that is on first Monday of the month. If District Collector is not aware of Deemed Conveyance Adalat, then you put your Deemed Conveyance Complaint as Lokshahi Din Complaint, whose hearing will be held by District Collector on first Monday of the month in his office to solve your difficulties.