If deed of declaration registered and executed what what is effect if development right written in old agreement even whole land and area transfer to 238 members

Question

► Our condominium registered by deed of declaration and 184 out of 238 deed of Apartments registered balance right already given by developer vide deed of declaration after 2001 first builder sale developers right as and where basis if available by instructions all 238 members consent required new developer using this document try to construction building in our area by fraudulent way merge land with us whole land property card. Hc given status ko in 2008. Now new developer try to pressure us to give consent for his work we selected kalpataru ltd he is promise that no development right to new developer and he suggested coperative society formation and conversion of our convenience from condominium to society what is way

Answer 1

Dear Client,

Based on the above information, it seems clear that the dispute centers on whether the developer is entitled to any subsisting development rights after the creation of the Deed of Declaration, registration of most Apartment Deeds, and completion of sale of the property.

If:

The condominium was properly constituted by the Deed of Declaration,
The undivided interest in the land has been transferred to the apartment owners;
Substantially all apartments have already been sold; and
A status quo order has already been obtained by the High Court,

Then, it would not be legal for another developer to construct the project or assert development rights based on the transfer from the original developer, provided that the development rights were legal and not contrary to the existing rights of the apartment owners.

As far as conversion from a condominium to a cooperative housing society:

This will depend on the relevant State Apartment Ownership Act and Cooperative Societies Act.
Generally, this will involve the apartment owners' approval and compliance with the statutory procedure.
It remains to be seen whether unanimous consent (238 owners) is needed or just the statutory majority.
Any conversion should not undermine the property rights of the apartment owners.

Where the new developer is using some purportedly fraudulent documents or merging the property cards, you can approach the proper civil court to raise an objection and also continue with the existing High Court status quo order.

As this is a matter of title, development rights, and interpretation of the Deed of Declaration, you need to get all the documents scrutinized. They include:

The Deed of Declaration,
All the registered Apartment Deeds,
Conveyance Deeds,
Property Card & Revenue Documents,
Purported Assignment of Development Rights and
High Court Status Quo Order.

Through these documents, it will be clear whether the developer still has any transferable development rights or not.

I hope this helps and if you have any further issues do not hesitate to contact us.

If deed of declaration registered and executed what what is effect if development right written in old agreement even whole land and area transfer to 238 members

1 Answer