Application under section 11 ofTheMaharashtraOwnershipFlats (Regulationof the Promotion of Construction, Sale, Management and Transfer) Act, 1963
Name of the society
Regd address of the society
BEFORE THE DISTRICT DEPUTY REGISTRAR CO-OPERATIVE HOUSING SOCIETIES, MUMBAI 4, WESTERN SUBURBAN, DADAR (W), MUMBAI – 400 028
Application under section 11 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
Application No. ______of ______, 2013
INDEX
Sr. No. / Contents / Exhibit No. / Page no.Synopsis
Application under Section 11 of MOFA Act, 1963
Vakalatnama
The Copy of the Property card, village form no. 6 and 7/12 extract / 1
Copy of the Decree dated / 2
The copy of IOD, Commencement Certificate & Building approved plan. / 3
Copy of Occupation Certificate / 4
The Schedule No.1 / 5
Copy of Sale Agreement between the Builder and and name of a member ______/ 6
Copy of list of members / 7
Copy of letter dated ______
from the opponent no. ______/ 8
Copy of Legal Notice sent by the Applicants through their Advocate dated ______/ 9
Copy of Resolution / 10
FORM VII
(SEE RULE 12)
Before the Competent Authority at Dadar (E), Mumbai – 400 028
Application under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963
Application No...... of...... 2013
Name of the society ]
…. Applicants
address of the society Versus
Mr. ______
Mr. ______
(Land Owner)
M/s. ______
(Interested Party)
M/s. ______
(Builders)
M/s. ______
(Opponent Society)
....Opponents
SYNOPSIS
Sr. no. / Date / EventsAs per the property card, 7/12 the entire piece and parcel of land bearing Survey no. ______Hissa No.___ ,CTS no. ______,admeasuring ______sq. mtrs., situate lying and being at Revenue Village – ______, Taluka- ______, (hereinafter referred to as the said larger property) was ceased possessed ofby Mr. ______and Mr. ______.
Prior to ______, Shri ______was seized and possessed of or otherwise well and sufficiently entitle to the said larger property and subsequently his name was incorporated as the owner in the revenue records.
By an oral statement of to the Talathi, the names of Mr.______and Mr. ______were entered in the 7/12 and village form no. 6 as the owners of the said larger property alongwith other properties.
By an unregistered Agreement dated ______Mr. ______and Mr. ______have transferred their right title interest in the said larger property to M/s ______.
Mr. ______, one of the owners of the said larger property expired on ______leaving behind 1).
By an Unregistered Agreement dated______M/s ______have sold their right title interest in the said larger property to M/s______with the consent of the Owners.
By an Unregistered Agreementdated______, M/s havetransferred their right title interest in the said larger property to Mr._), proprietor of M/s______.
Pursuant to the approvals from Bombay Municipal Corporation and from all other concerned departments and also on the basis of the IOD dated ______and approved building plans M/s______constructed a building known as ______consisting of ground plus ______upper floors(hereinafter referred to as the “Said Building no. 1”). The opponent no. ______has also constructed another building on the same plot of land consisting of ground + ______upper floor (hereinafter referred to as the “Said Building no. 2”). The flat purchasers of the said building no. 2 have formed themselves into a separate registered society known as ______Co-operative Housing Society Ltd. The authorities by its No Objection Letters has allowed to carry out the work as per the amended plans and on the terms of IOD dated ______and also issued the commencement certificate dated ______for the construction.
In the year ______the opponent no. ______has filed suit in the Hon’ble High Court against the opponent no. ____ to ____ for declaration that the Agreement dated______, ______are valid, binding and subsisting between the parties therein.Accordingly, the Hon’ble High Court has decreed the suit on ______and held that the above agreements are valid, binding and subsisting. The court has also decreed that the defendants (opponent no. ____ to _____ ) should specifically perform the above three agreements. The court has also ordered the defendants (opponents) to make payment of Rs.______/- including advocates fees of Rs. ______/-. This is to inform you that as per the said decree one of the terms of agreement was to convey the property by the defendants (opponent no. ___ to ___ ) to the plaintiff i.e.Opponent no. ____ .
After completion of the building, the Occupation Certificate dated ______issued by BMC permitting the flat purchasers to occupy the building.
The Flat purchasers of the said building 1 had formed and registered themselves into a co-operative housing society known as ‘______Co-operative Housing Society Ltd.’ (the Applicant Society)underRegistrationNo.BOM/ (W-R)/_____ / TC/ ______/___ -____.
The applicant society being a registered society entitled to the conveyance of part of land admeasuring ______sq. mtrs. out of the entire plot of land bearing S. No. ______Hissa No. ___ corresponding CTS No. ______admeasuring ______sq. mt.situated atRevenue Village – ______, Taluka- ______, Borivali - East,______Road, ______, ______- East, Mumbai-400
Therefore, the ______Co-operative Society Ltd. (the Applicant Society) is entitled for the land admeasuring 981.00 sq. mtrs on which the building of the Society now stands. Hence this application filed under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.
The Applicant abovenamed states as follows:
1)The Applicant is a Co-operative Housing Society formed under section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, duly registered under The Maharashtra Co-operative Societies Act, 1960 having its Registration No. BOM/(W-R)/HSG/TC/______/___ - ____ and having its registered address at______, Mumbai-400 0______, (hereinafter referred to as "the said Society"). The copy of Registration Certificate of the said Society is lost & misplaced and not traceable to the applicant society.
2)The Applicants state that the said Society is in the possession of part of plot of land admeasuring ______sq. mtrs. bearing Survey no. ______, Hissa No. ____ and CTS no. ______situated on ______Road, ______,Dahisar - East, Mumbai-400 0______out of the entire plot of land admeasuring ______sq. mt.,bearing Survey no. ______, Hissa No. ____ and CTS no. ______, situated on ______Road, ______, ______- East, Mumbai-400 0____ . The Applicant further states that it is evident from the Property Card that the Opponent No. __ ___ are the Owners of the above Plot of Land. The copy of Property Card, village form no. 6 & 7/12 extract is hereto annexed and marked asExhibit No. 1.
- The Applicant further state as follows:
i)That prior to ______Shri ______was seized and possessed of or otherwise well and sufficiently entitled to a piece and parcel of land bearing Survey no. ______Hissa no. __, CTS no. - ____ lying, being and situate at village ______admeasuring about ______sq. yards i.e.______sq. mtrs. (hereinafter referred to as the “Said larger property”)and subsequently his name was incorporated as the owner in the village form no. 6 & 7/12 extracts.
ii)That by an oral statement of Mr. ______to the Talathi, the names of ______and Mr. ______were entered in the village form no. 6 and 7/12 extract as the owners of the said larger property alongwith other properties.
iii)That by a WILL (hereinafter referred to as the said WILL), Mr.______, had bequeathed the said larger property to his adopted son Mr. ______and as per the said WILL, found after the death of M______, Mr. ______made an application to the Talathi to remove the names of Mr______and Mr. ______and to enter his name in the village form no. 6 and 7/12 extract.
iv)That the Talathi, after hearing both the parties viz. Mr.______the other, passed an order vide Order/RTS/ ______dated ______by which the Mr, ______and Mr. ______became the Owners of the said larger property and their names were entered in the revenue records and since Mr. ______had already expired by that time his name was deleted from the revenue records.
v)That by an unregistered Agreement dated ______Mr. ______(hereinafter referred to as the “Said Agreement No.____ ”) have transferred their right title interest in the said larger property to M/s ______(hereinafter referred to as the “Said Opponent no. ___”).
vi)On the basis of application, affidavits of the legal heirs of Mr. ______following of ______been incorporated in the property card.
vii)That by an unregistered agreement dtd. ______, M/s ______. (hereinafter referred to as the “Said Agreement No.2”)have sold their right title interest in the said larger property to M/s ______.Developers, (hereinafter referred to as the “Said Opponent no. ______” with the consent of the Owners.
viii)That by an unregistered agreement dtd. ______, M/s ______have transferred their right title interest in the said larger property to ______, proprietor of M/s ______Builders & Developers (hereinafter referred to as the “Said Opponent no. ______).
ix) In the year ______the opponent no. ______has filed suit in the Hon’ble High Court against the opponent no. ___ to _____ for declaration that the Agreement dated ______valid, binding and subsisting between the parties therein. Accordingly the Hon’ble High Court has decreed the suit on ______and held that the above agreements are valid, binding and subsisting. The court has also decreed that the defendants (opponent no. ______to ______) should specifically perform the above three agreements. The court has also ordered the defendants (opponents) to make payment of Rs. ______/- including advocates fees of Rs.______. This is to inform you that as per the said decree one of the terms of agreement was to convey the property by the defendants (opponent no. ___ to ______) to the plaintiff i.e Opponent no. ______. Copy of the Decree dated ______of Hon’ble High Court is hereto annexed and marked as “Exhibit no. 2”. In spite of decree passed by the Hon’ble High Court the opponent no. ______has neither executed Deed of Conveyance with the land owner nor got the land mentioned therein to be conveyed in his name.Due to which opponent no. ______is not entitle to convey the land and building in favour of the applicant society.
x)Pursuant to the approvals from Bombay Municipal Corporation and from all other concerned departments, the Opponent No. ______constructed two buildingson the said larger property. The building of the applicant society consist of ground plus _____ (____ ) upper floors known as ______having (hereinafter referred to as the “Said Building No. 1).The opponent no. ______has also constructed another building on the same plot of land consisting of ground + ______upper floor (hereinafter referred to as the “Said Building no. 2”). The flat purchasers of the said building no. ____ have formed themselves into a separate registered society known as ______Building no. _____ Co-operative Housing Society Ltd. (hereinafter referred to as the “Said Opponent Society”).
xi)The copy of IOD, Commencement Certificate and Building approved plan of the said building______is annexed and marked as “Exhibit no. 3”.On completion of the said building No. _____ ,the authorities had issued occupation certificate to the landowners. The copy of the occupation certificate is annexed and marked as “Exhibit 4”.
xii) The Applicant states that the said building of the Society isknown as ______Co-operative Housing Society Ltd and the building of the society consists of consists of ______Flats and ______shops and total ______members.
xiii) The Applicants state that the said Society is part of plot of land admeasuring ______sq. mtrs., bearing Survey no. ______, Hissa No.______and CTS no. ______, situated on ______, ______- East, Mumbai-400 0______out of the entire plot of land admeasuring ______sq. mt., bearing Survey no. ______, Hissa No. ___ and CTS no. ______situated on ______Road, ______, ______- East, Mumbai-400 068(hereinafter referred to as the said “Said Property”)more particularly described in the Schedule No. ______hereto marked and annexed as “Exhibit No. 5”). The applicant has applied for the City Survey Map of the Said Land and the same will be submitted to this authorities as and when the applicant received the same.The Applicant further states that it is evident from the Property Card that the Opponent No. 1 to 8 are the Owners of the Said Property.
xiv) The Applicant states that the Opponent No.____ has entered into an Agreement for Sale of flats with the individual purchasers of the flat as required by Section 4 of the Maharashtra Ownership Flats(Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (hereinafter referred to as “the said Act”) and agreements are duly stamped as required under the Bombay Stamp Act, 1958 and also duly registered as required under the Registration Act, 1908. The Opponents have agreed to convey the said property with the entire building constructed thereon to the said Society within the period agreed upon in the agreement or within a period of four months from the formation of the said Society as provided in rule 9 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964. The copy of the said Agreement for Sale executed by Opponent No.______and one of the flat purchasers Mr. ______is enclosed herewith and marked as Exhibit No. 6.The list of present members with the details of their names, flat number, area, is given in “Exhibit No.7”.
xv)The Applicant state that they had approached the Opponents to get the Conveyance of the said property and said building no. ______in their favour as per the provisions of the MOFA, 1963. The opponent no. ______by its letter dated ______has agreed and shown his willingness to execute conveyance/lease deed with the applicant society and accordingly forwarded draft conveyance deed to the applicant society. The copy of the letter dated ______is annexed and marked as “Exhibit no. 8”.As the land record does not bear the name of opponent no. _____ he will not be in legal position to convey the said property and the said building no. ______in favour of the applicant society.
- The Applicant states that the Applicant, through their legal counsel, had sent a notice dated ______addressed to the Opponents inwhich the applicants had clearly expressed their stand with regard to the matter relating to the execution of conveyance of the said property and the said building no. ______in favour of the Said Society. In the above mentioned noticethe applicants had also mentioned about failure of Opponents to give conveyance of the land and building in their name, in spite of their requests/notice.A copy of the legal notice dated ______is annexed hereto as “Exhibit No.9.
- The Applicant state that the Opponent No. _____ to______have been evading the topic of conveyance and not willing to co-operate for the Conveyance in favour of the Applicants and have refused to give any sort of opinion or communication about their stand on the same.TheApplicantsfurther states that the said landowners viz. the Opponent No.___ to ______and builder viz. Opponent No. ______have failed to execute the Deed ofconveyance for conveying the right, title and interest of the Promoter in the said property and the said building no. ______in favour of the Applicants, which they are legally entitled to have and enjoy as provided under The Maharashtra Ownership Flats(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and the rules made thereunder.
- The Applicantstates that the Said Society is therefore entitled to have a certificate issued by thisCompetent Authority stating that the Applicantsare entitled to have a unilateral deemed conveyance in respect of the said premises under section 11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. The Applicant accordingly in its Annual General meeting has passed a resolution to obtain the conveyance of the said land and building in favour of the applicant society. The copy of the said resolution is marked and annexed as “Exhibit No.10”.
- Accordingly, this Competent Authority be pleased to issue a certificate of entitlement of unilateral conveyance of land admeasuring ______sq. mtrs as specifically set out in Schedule No. 1 marked as “Exhibit No. 5”in favour of the Applicants.The Applicant state that the said society has been registered and having address at ______, and situate, lying and being on the said plothaving CTS No. ______of Village – ______, Taluka- ______, in Mumbai Suburban District and the same falls within the jurisdiction of this Hon'ble Competent Authority as per the notification issued by the Government of Maharashtra vide Gazette notificationdated 27/09/2010.
- The Applicants rely upon a list of documents, which are annexed hereto.The building of the society was completed by the Opponent No.______on or around ______.
- The Applicants therefore pray that:
(a)this Hon'ble Competent Authority be pleased to grant a Certificate that the Applicantsare entitled to have an unilateral deemed conveyance of the Said Property(admeasuring ______sq. mtrs)under section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and to have it registered;
(b)costs of the Application be provided for;
(c)such other reliefs as this Hon'ble Competent Authority may deem fit.
Advocate for ApplicantsApplicants
VERIFICATION
We, Mr. ______andMr. ______(Secretary) Chairman/Secretary of the Applicantsand Authorized Representatives abovenamed, residing in the building known as______,do hereby state on solemn affirmation that what is stated in the foregoing Application is true to our own knowledge and we believe the same to be true.
Solemnly declared at Mumbai
This ______day of ______, 2013
Advocate for ApplicantsApplicant
Before me
Notary Public
AFFIDAVIT
We, Mr. ______(chairman) AND Mr. ______(Secretary), adult/s, Indian inhabitant/s, residing in the building known as ______, Mumbai-400 068, do hereby state as under:-
1) That we are the Chairman/Secretary of ______., ______Road, ______, Dahisar - East, Mumbai-400 0____.
2)That as per resolution dated ______of our society;we are authorized to sign all the documents, necessary forms, affidavits required for obtaining Deemed Conveyance Order.
3)That whatever is stated in the foregoing Application and all the documents submitted for getting the deemed conveyance order are true to our knowledge.
4)This affidavit is signed by us at our own will and there is no coercion or duress whatsoever.
5)Wesolemnly declare that whatever is stated by us in the above Paras is true and correct to the best of our knowledge and belief and we believe the same to be true.
Solemnly affirmed at Mumbai Deponent
This day______of ______2013
Identified by me Before me
EXHIBIT NO. 3
First Schedule of the Property
All that piece and parcel of land bearingSurvey no. ______Hissa no.___ corresponding CTS no.______admeasuring _____ sq. mtrsor thereabouts,out of the entire plot of land admeasuring ______sq. mt.,bearingSurvey no. _____ Hissa no.___ corresponding CTS no. ______, situated atRevenue Village – ______Taluka- ______, ______- East, in the Registration District and Sub-District of Mumbai City and Suburban District of Mumbai and a residential building constructed there on known as ______Co-operative Housing Society Ltd. having address at ______Road, ______, ______- East, Mumbai-400 0____