Thursday, January 6, 2011

promoter to Convey title, etc. and execute documents according to agreement.

                                                                                                                                    
11. promoter to Convey title, etc. and execute documents according to agreement.- 1[(1)] A promoter shall take all necessary steps to complete his title and convey, to the organization of persona, who that flats, which is registered either as a co-operative society or as a company as aforesaid, or to an flat takers 2[ or apartment owners ] his right, title and interest in land and building, and execute all relevant documents  therefore in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also deliver all document of the property which may be in his possession or power  
    3[(2) It shall be the duty of the promoter to file with the Competent Authority, within the prescribed  period, a copy of the conveyance executed by him under sub- section (1)

    (3)If the promoter flats to execute the convey favour of the co-operative society formed under section 10 or, as the case may be the company or the association members of such co-operative society or, as the case may be the company or the association of apartment owners may, make an application, in writing , the   concerned Competent with the promoter by each individual member of the society or the company or the occupation certificate, if any), for issuing a certificate that such society, or as the may be, company or association, is entitled to have an unilateral deemed conveyance, executed in their favour and to have it registered.
(4) The Competent Authority, on receiving such application, within reasonable time and in any cans not later six, months, after making such enquiry as deemed necessary and after verifying the euthenics of the documents submitted and after giving the promoter a reasonable opportunity of being heart, on being satisfied that it is a fit case for issuing such certificate, shall issue a certificate to the Sub-Registrar or any other appropriate Registration Act, 1908 (16 of 1908), certifying that it 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 favour of the applicant, as deemed conveyance (5)On submission by such society or as the case may be, the company the   association of apartment owners, to the Sub-registrar or the concerned appropriate Registration officer appointed under the Registration Act, 1908, the certificate issued by the Competent Authority along with the unilateral instrument of conveyance, the Sub-Registrar or the concerned appropriate Registration officer shall notwithstanding anything contained in the Registration Act, 1908 (16of 1908), issue summons to the promoter to show case why such unilateral instrument should not be registered  as ‘deed conveyance’ and after giving the promoter and the applicants a reasonable opportunity of being heard, may, on being satisfied that it was a fit case for unilateral conveyance ,that instrument as ‘deemed conveyance]


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