Your Housing Problems & Solutions

Process of Deemed Conveyance

I wanted to know about the latest updates on the Land Conveyance policy. I had read a news item sometime ago that the land Conveyance would be issued without the need for any intervention of lawyers. Then I had also read about some deadline regarding Deemed Conveyance as per old procedure requiring intervention by an Advocate.

Please update me about the official approved rates of Advocate fees (if any) and do recommend an advocate if possible.

Anyone can do the Deemed Conveyance of a CHS, there is no need to take an advocate or agent’s help. At Moneylife Foundation, an expert will offer you free of charge step by step guidance, to complete Deemed Conveyance of your CHS. Please make use of Moneylife Foundation’s Legal Helpline (https://www.moneylife.in/lrc.ht ml#ask-question) to seek further guidance.

Waterproofing of Terrace in CHS

In our society a managing committee member has started water proofing work on the terrace area above his flat. He has sent a message society of the same. Actually water proofing work on the terrace has to be carried out by the society. We are clueless as to how the society has permitted him to do the work. I wanted to know whether this practice is allowed in the society or not? Otherwise any member can do anything what he wants, without taking permission of the society and later sending an invoice to society. Please advise. Repairs of the building, to be done by the Society is stated under Bye-law Nos. 68(a), (i) to (xxvi). and 159(a)(i) to (xxvii). Repairs of the building to be done by the society's members at their own expenses, are stated under Bye-law Nos. 68(b) and 159(b). Repair of roof top or terrace has to be done by the Society, under Bye-laws 68(a)(ix) & (xvii), and 159(a)(x), (xiv) & (xvii). No flat owner cannot do such common repairs, which Society has to do at the society's expenses. Society has to do this repairs under the supervision of Local Municipality approved Structural Engineer. If an irregularity has happened, that is, repairs are made by some flat owner, then make a complaint against such member, to Municipal Ward Office, by making society party to your complaint, under Bye-law No. 174(D)(i). You have to be very persuasive with your complaint to Municipal Ward Officer (MWO).

If you do not get a reply to your complaint within 15 days, then make an RTI application to Public Information Officer (PIO) of MWO, asking PIO, to give you the information on action taken by MWO on your complaint letter to MWO.

Within 30 days of your RTI application to PIO, if you receive the letter from PIO that no action is taken by MWO on your complaint to him, then make a Lokshahi Din Complaint (LDC) to Municipal Commissioner (MC). MC will take LDC hearing in his office, and direct MWO to take appropriate action on your complaint made to MWO.

In this hearing, MWO will call the flat owner and Society's Office bearer, and will order Flat owner not to do any such repairs, and will ask CHS Office bearer to do roof top and terrace repairs of the CHS building with CHS's fund, and under Municipality approved Structural Engineer.

This way your building's terrace and roof top repair work should be completed.

Buyer Unreachable After Paying Token Amount

I am the legal heir of a old building. Around 3 years ago, a deal was finalised to sell the property.The party gave Rs1 lakh as token amount (though it is pittance). The party kept on postponing the issue on flimsy grounds. Now, the deal stands cancelled. Out of courtesy, I have requested the party to come and collect the token amount from me. But, there is no response from the party, nor are they responding to our messages nor phone calls. Now, 3 years have passed with no response. What is the remedy now? Will there be a problem if I find new buyer?

As you have to simply return the token, ask the party to take the token back by a crossed check against a Rs 1 revenue stamped receipt.

You send the party a notice stating that you will move court to return this amount. Find some good advocate to move civil court to sell your building to some other party, and return token given by this defaulter party, through a court order.

Since a registered agreement is not made with the defaulter party, you can negotiate with some other party and sell your old building, with its land or give the land on lease to the buyer of the building.

Answers provided by experts of

Moneylife Foundation.