CA . RAMESH S. PRABHU
(Chairman) M S W A
M O F A, 1963
• CONSTRUCTION BOOM IN THE 60’S
• FLAT PURCHASERS WERE
UNPROTECTED
• BUILDERS TOOK FULL ADVANTAGE
• MANY IRREGULARITIES SURFACED
• GOVT. IMPLEMENT AN ACT IN 1963
• KNOWN AS M O F A, 1963
UNDER M O F A, 1963
• Flat Owners get Statutory Rights
• Can demand Building relevant
papers
• Get the Agreement Registered
• Agreement in Specific Format
• Maintain property till society
formed
MOTHER OF FLAT ACT
MAHARASHTRA OWNERSHIP FLAT ACT, 1963
Applicable
All Over
Maharashtra
All connected
Central & State
Laws applicable
Related to
Owning / acquiring
Rights
Concerned
with Flats
Freehold Rights
Leasehold Rights
4) MOFA : INDEPENDENT UNITS
Residential
Flat
Office
Shop
Developed
Plot
Garage
Bungalow
Industrial
Gala
Any Constructed
Any Permanent
or to be Constructed
Structure
Structure
Provided or agreed to be provided by the Promoter
To the Purchaser for a Consideration
PARTIES ON WHOM OBLIGATIONS
ARE MADE APPLICABLE
Promoter
Land Owner
Flat Buyer/s
Builder /
Developer
Single
Group
1. Individual, 2. Firm. 3. Company, 4. Assn of Persons,
5. Govt., 6. Semi Govt. 8. Local Authority 9. Trust
10. Society – u/SRA,1860 11. Co-operative Society u/ MCS A of 1960
12. LLP or any other person or group of persons.
OBLIGATION OF THE BUILDER
Contractual Obligations
Statutory Obligations
1.
1. Enter into Agreement
2.
2. Registration of Agreement
3.
3. Receive the Flat
4.
Consideration
5.
4. Hand over the Possession6.
7.
of flat as agreed
Register Agemt on Receipt of 20%
Complete the Building in all respec
Provide O.C., B.CC.
Provide Common Facilities
Water Connection
Electric connection
Disclose the information
8. Provide all Documents
9. Registration of Society / Legal Bod
10.Providing Conveyance
CONVEYANCE
• Meaning of Conveyance :
It’s the Document confirming the
transfer of title
• Objects :
– To become the legal owner
– To make entries in Govt. Records
– To have free and marketable title
P
ADVANTAGE OF CONVEYANCE
• Transfer of Ownership Rights over
the land it is constructed on
• All Commercial benefits come to
Society
• Appreciation of Property …….as also
• Loan can be raised by mortgage
• Balance F S I can be retained
• Permission for redevelopment
possible
HAVE YOU READ SOMETHING LIKE THIS ?
May be a very few cases !
What in case if this happens?
Don’t wait for a Situation
Like this to Happen ……
V
DOCUMENTS REQUIRED FOR
CONVEYANCE
• Society Reg. Cert : With Society
• Stamp Duty & Reg Paid Proof : Each
individual
• Agreement for Sale : Promoter to
Purchaser
• Commencement Cert : Municipal
Authority
• C C / O. C : Concerned Authority to
Builder
• Approved Building Plan : Municipal
Authority
• 7/12 Extract : Tahsildar /Concerned
Auth
DOCUMENTS REQUIRED FOR
CONVEYANCE
• Form No 6 Mutation Entry : Revenue
Office
• Search Report / Title Clearance :
Advocate
• Index II : Sub Registrar of Assurances
• Property Card : Thasildar
• N A Order : Collector of Districts
• Development Agreement : Land Owner
to Builder
• Conveyance Deed or Sale deed : Builder
to Society
Mah.Ownership Flat Act, 1963
• U/s 11. Promoter /Builder to complete
conveyance of land & building to
society
• Promoter/builder to rectify, execute
and deliver all relevant documents of
title
• Execute conveyance within 4 months
from the registration of society
• U/s 13. Non-conveyance is an offence
• Punishment :3 yrs Jail or fine or both
U/S11. TO CONVEY LAND AND BUILDING TO THE LEGAL
ENTITY WITHIN PRESCRIBED TIME &
DELIVER RELEVANT DOCUMENTS.
Legal Remedies
Existing till 2005
Civil Court
U/Specific Relief
Act, 1963
Consumer Court
U/ Consumer
Protection Act, 1986
Quasi Judicial Authority as per
MOFA-Amendment-2008
Criminal Court
U/S-13 of
MOFA 1963
Dy.Dist.Regr,
C.A notified
as Competent
Authority
Amendment to Rules were made to implement the functioning
of Competent Authority and MOF (Amendment) Rules, 2010 notified
REMEDIES WITH COMPETENT AUTHORITY
FOR VIOLATION OF STATUTORY OBLIGATIONS BY THE
PROMOTER FOR THE COMMON BENEFIT OF FLAT BUYERS
U/s.5.
Disclosure of
Information
of Money
Collected
for a Particular
Purpose
U/s.10.
U/s11.
Formation of
To Convey
Legal entity to
Land
Manage
and Building
Common
to the Legal
Services,
Entity
Area & Facilities
within 4
after
months & Deliver
Disposing
Documents.
60% units
U/s 13(4) & 13(5)
To Inform
Local Authority
to Debar The
Promoter from
Construction
Activity for
next 5 years
on conviction
by court on
MOFA violation.
U/S. 5 DISCLOSURE OF INFORMATION BY THE PROMOTER
COLLECTED MONEY FROM THE FLAT BUYERS FOR FOLLOWING
PURPOSE OTHER THAN SALE CONSIDERATION/ COST OF
FLAT TO BE DISCLOSED AND ACCOUNT STATEMENT TO BE PROVIDED..
Payable to
Authorities for
service
1.Development
Charges
2.Water Meter
Deposit
3.Electic Deposit
4. Premium to
Authorities etc
For Tax
Payments
For
Maintenance
For Common
Legal Entity
1. BMC-Prop.Tax
2. N.A Tax
3. Stamp Duty
4. Regn Fees
5. MVAT Deposit
6. Serv.Tax
Deposit
1. Water Chgs
2. Elect.Chgs
3. Comm. Repairs
4. Service chgs
5. Insurance
6. Common
Services
1.Share Money
2.Convy Chgs
3.Corpus Fund
4.Adv. Maint.
5.Legal Fees
6.Others
U/S.10. FORMATION OF LEGAL ENTITY .
(MOFA-MOTHER OF FLATS ACT)
TO MANAGE COMMON SERVICES,
AREA & FACILITIES AFTER DISPOSING 60% UNITS BY PROMOTERS
Society or
Federation
Mah.Co-op.
Soc.Act, 1960
At Dy. Regr.
Association
u/SRA, 1860
Company
Condominium
Companies Act,
1956 at ROC
Mah. Aprt.
Own. Act, 1970
At Sub-Regr.
Trust
u/BPT,1950
Firms
u/IPA, 1932
PSU & GU
u/Act of Pimt
Other
Legal Entity
Others
LLP etc.
U/S11. TO CONVEY LAND AND BUILDING TO THE LEGAL
ENTITY WITHIN PRESCRIBED TIME &
DELIVER RELEVANT DOCUMENTS.
Legal Remedies
Existing till 2005
Civil Court
U/Specific Relief
Act, 1963
Consumer Court
U/ Consumer
Protection Act, 1986
Quasi Judicial Authority as per
MOFA-Amendment-2005
Criminal Court
U/S-13 of
MOFA 1963
Dy.Dist.Regr,
C.A notified
as Competent
Authority
Amendment to Rules were required to implement the functioning
of Competent Authority and MOF (Amendment) Rules, 2009 notified
11) AMENDMENT IN MOFA IN 2008- PURPOSE
1.To provide a Competent (Quasi Judicial) Authority
in addition to existing Legal Remedies.
2. To order & Implement the remedial steps by
Competent Authority in the common
interest of flat buyers.
U/s 5A of MOFA not below the rank of (D D R)
Dist. Dy.Registrar of Co-op.Soc. as per Notification
Dated. 25-06-08, have been notified to be Competent
Authority for their respective Jurisdiction
CONVEYANCE OF LAYOUT PLOT.
All the Societies To Single Society
With
Apply together For
To The Fed
1.100% Bldg &
Or Apex
1.100% Bldg &
Body With
2.Notional Net
The
Plot
2.Notional Net
Consent
Plot as per
3. Percentage of
FSI USED
All
Undivided
Legal
3. Fedn to Manage Rights area as per
Entities
FSI USED
common
Area & get title
SCRUTINY OF APPLICATION &
NOTICES TO PARTIES
(a) Give the Acknowledgement to Applications
and Register in Register
(b) Application to be incomplete, send the
notice for compliance as per form No. VIII
(c) CA to issue notice for hearing within 15
days of registering the application
(d) Notice to be served registered post,
Acknowledgement due.
(e) CA to issue public notice inviting claims,
objections in local news papers having
wide circulation, if the notice is not served
on the builders/ opponents
APPEARANCE & NON APPEARANCE
(a) On Apt. Date –Opp. To appear In person or Auth
File Reply. Adjournment not to exceed 15 days i
the first instance.
(b) Only Appl Appears, CA to satisfy that notice is s
on Opponents and Appl to justify prayers on nex
and Decide the case ex-parte. If Opponent show
sufficient cause for non-appearance, hear his sa
the matter.
(c ) On hearing date, if applicant is absent, the CA m
hear the opponent and decide the matter as per
(d) On hearing date, the Opponent is absent, the C
decide the matter after hearing the applicant.
PRODUCTION & INSP. OF DOCUMENTS
(a) Parties to file relevant documents in support of their
If CA is satisfied , that reqd. documents is with other
CA may direct the concerned party to produce the sa
The Appl. to file written say before demanding such
documents.
(b) The party ordered, fails to produce, CA may draw ad
inference against such party and original Appl hea
will continue.
(c) CA is satisfied documents cannot be brought, CA ma
to take inspection of such documents at site within 7
(d) If CA is satisfied, on the basis of new documents, the
opponent has to give a written statement, the same
be allowed.
PROCEDURE FOR HEARING
(a) On receipt of reply from Opponent/s, the
Applicant to prove his contents and deal
with opponents reply.
Opponent may file written say on next
date. No cross examination allowed.
(b) On receipt of replies, CA may hear oral
Arguments of the parties and close the
proceedings.
(c) Within 6 months after making such
enquiries , verifying the authenticity of
documents and giving sufficient hearing as
per law of natural justice to the parties,
JUDGEMENT, ORDER &
CERTIFICATE
SPEAKING ORDER AND
CERTIFICATE THAT THE
APPLICANT CASE IS A FIT
CASE ON GETTING
UNILATERAL CONVEYANCE to
be issued by the Competent
Authority
REGISTRATION OF
DEEMED CONVEYANCE
• Prepare Deemed Conveyance deed
• Send it for adjudication – Stamp Duty
• Lodge for Registration with Sub
Registrar
• Sub Registrar to issue Show Cause
Notice to Builder & Landlord
• Decides the fate of registering the
Conveyance deed
STAMP DUTY WAS PAYABLE
AFTER 1958
WHERE YOU COULD PAY…..
AT THE TIME OF
AGREEMENT
As per the Article
5(h)- on Rs.5/Stamp / Stamp
Paper
If not then at the
TIME OF
Possession or
Under the Article
25 (d) of
B S Act, 1958 at
the time of
CONVEYANCE
STAMP DUTY PAYABLE
UNDER BOMBAY STAMP ACT, 1958
AT THE
TIME OF
AGREEMENT
AT THE TIME
OF
CONVEYANCE
AT THE TIME
OF
POSSESSION
24. Calculation Of Stamp Duty
Optional upto
10.12.85
Compulsory
after 10.12.85
As per
Mkt.Value
As per
Ready
Reckoner
As per
As per Mkt.Value (to
Agreement value
be decided)
Before
04-08-1980
After
04-08-1980
No. 5 / Stamp Duty 06 / Ltr. No. 58/06/1224
Inspector General at Registration & Stamp
Maharashtra State, Pune Office, Pune.
To,
Date : 10/08/2006
The Superintendent of Stamps,
Mumbai.
Sub : Levy of Stamp Duty on the Deeds of Agreements made prior to 10/12/1985
Reference : Your Letter No.BOM/5064/06 dtd. 03/08/2006
Referring to the points raised in the above letter we explain as follows :
On the Sale Agreements executed before 10/12/1985, Stamp Duty applicable was as per
the article 5(h) of Bombay Stamp Duty Act, 1958 and not as per Article 25 of the Act.
This is as per the judgment given by Honorable Mumbai High Court in the case of
Padma Nair V/S Dy. Collector, Stamps & Adjudication and others.
If the State Agreements executed before 10/12/1985 are submitted under Article 31, the
Collector of Stamps cannot give any remark on such Agreements under Article 32 C (A)
& (B).
Instead of issuing any order, under Article 33 or Amnesty Scheme you can issue a letter
in following format to concerned persons who have submitted such Documents.
“Your Sale Agreement Deed is executed before 10/12/1985. At the time of execution
of your Sale Deed, the Agreement for sale was not treated as a Part Conveyance
and provision for collection of stamp duty was not applicable at that time. As such
the Agreement is considered properly stamped under the article 5 (h). However it
must be noted that when ever you proceed to procure the Conveyance you would
be liable to pay the full Stamp Duty on the Current Market Value of your Property
as applicable under the rules.
Inspector General of Registration and Controller of Stamps
Maharashtra State, Pune
A Few ACTS & RULES APPLICABLE
• REGISTRATION ACT, 1908 –
For registration of Conveyance deed
• BOMBAY STAMP ACT, 1958 –
for Stamp Duty Verification and calculation
• M.C.S. ACT, 1960under which society is registered
• INCOME TAX ACT, 1961 –
To Verify Tax Liabilities of the Vendor
• MAH. OWNERSHIP FLATS ACT, 1963under which Flats are purchased
ACTS & RULES APPLICABLE
• ULC- For verifying any violations under the Act
• Criminal Procedure Code / Civil Procedure Code
and Consumer Protection Act– For proceeding
against the builder
• BMC – Development Control Rules, 1991For Legality of the Building construction
• LAND REVENUE CODE –
Where Land Records Order kept
.
BYE-LAWS: Applicable to all the societies
28)
DEPARTMENTS INVOLVED for
CONVEYANCE
•
•
•
•
•
City Survey Office – for Property Card
BMC – For Approved Plan
Collector of Stamps – For Stamp Duty
Sub Registrar – For Registration of Copv
Assessment Dept– For Change in the Prop. Tax
Bill
• Collector office : For N.A. Order
• Revenue Dept : ULC order
• Many more dept on case to case basis
Shri. Ashok Chawan
Hon’ble C M of Maharashtra
was felicitated for signing the bill
Shri. Sanjay Nirupam, M.P,
Shri. Ashok Chawan
Hon’ble Chief Minister of Maharashtra &
C A. Ramesh Prabhu, Chairman (MSWA)
C.A. Ramesh Prabhu Welcomes
Shri. Ashok Chawan
Hon’ble Chief Minister of Maharashtra
Shri. Ashok Chawan
Hon’ble Chief Minister of Maharashtra
Releases the book on DEEMED
CONVEYANCE
Shri. Sanjay Nirupam,
Shri. Ashok Chawan Hon’ble Chief Minister of Maharashtra,
C A Ramesh Prabhu, Chairman (M.S.W.A)
MAHARASHTRA SOCIETIES WELFARE ASSOCIATION
A/1, R.No.207, Laram Center, Above Federal Bank,
Opp. Railway Station, Andheri (West), Mumbai 400058
Presented By
:
CA. Ramesh S Prabhu Chairman (M S WA)
Shri. Prabhakar Churi Hon. Consultant (MSWA)
Tel Nos : 26248565 / 26248589