Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 17

To,

District Deputy Registrar,

Mumbai City (3),

Bandra (East),

Mumbai

Dear Sir,

Sub: File for Deemed Conveyance

Please find enclosed herewith following papers in support of Deemed Conveyance of Belscot
Tower Co-operative Housing Society Limited.,

1. Application for Rectification in Deemed Conveyance Order


2. Court Fee of 2000/-
3. Authority Letter/Vakalatnama
4. Affidavit
5. Resolution
6. Deemed Conveyance Order
7. C.C.
8. O.C.
9. I.O.D.
10. Legal Notice
11. Property Card
12. Architect’s Certificate
13. Copy of High Court Order dated 23/03/2018
14. Stamp Duty Statement and List of members
15. Sale Agreement
16. R.P.A.D. Slip for notice to opponents and its track records
17. Society Registration Certificate
18. Plan (with Performa A)
Thanking You,

Yours Truly,

For Belscot Tower Co-operative Housing Societt Ltd.

INDEX

Sr. No. Particular Page No.


1. Application for Rectification in Deemed Conveyance Order
2. Court Fee of 2000/-

3. Authority Letter/Vakalatnama

4. Affidavit

5. Resolution

6. Deemed Conveyance Order

7. C.C.
8. O.C.
9. I.O.D.
10. Legal Notice
11. Property Card
12. Architect’s Certificate
13. Copy of High Court Order dated 23/03/2018
14. Stamp Duty Statement and List of Members
15. Sale Agreement
16. R.P.A.D. Slip for Notice to Opponents
17. Society Registration Certificate
18. Plan (Porforma – A)
BEFORE THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, THE COMPETENT AUTHORITY MUMBAI CITY (3), MHADA
BUILDING, GROUND FLOOR, BANDRA (EAST), MUMBAI – 400 051

APPLICATION NO. OF 2024

RECTIFICATION IN DEEMED CONVEYANCE ORDER

Dated 07/06/2016 for Application no. 28 of 2016

Application under Sub-Section (3) of Section 11 of the Maharashtra Ownership of Flats


(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 to
issue a Certificate for Unilateral Deemed Conveyance or registration of Declaration in favour
of the Applicant (Duly Rectified)

Belscot Tower Co-Operative Housing Society Limited,

Having address at Plot No. 15/7, CTS No. 1/36/16,

Versova, Oshiwara, Andheri (West), Mumbai – 400 058 …Applicant

Versus

1. M/s Byramjee Jeejeebhoy (Private) Limited,


83, Jolly Maker Chambers, II 8th Floor,
Backbay Reclamation, Nariman Point, Bombay – 400 023

2. M/s Oshiwara Land Development Corporation Pvt. Ltd.,


Having address at 72/73, 2nd Floor, Botawala Building
Bombay Samachar Marg, Mumbai – 400 023

3. Apna Ghar Co-operative Housing Society Ltd.,


Unit No. 15, 1st Cross Lane, Lokhandwala Main Road,
Andheri (West), Mumbai – 400 058
4. M/s Samarth Development Corporation,
5, 168 Ganesh Chauk, D. N. Nagar,
Andheri (West), Mumbai – 400 053

5. M/s Lokhandwala Development Corporation,


48, Indranarayan Lane off Linking Road,
Santacruz (West), Mumbai – 400 054

6. Clanfield Co-operative Housing Society Limited,


Having address at Plot No. 15/10, CTS No. 1/36/1,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

7. Brooklyn Co-operative Housing Society Limited,


Having address at Plot No. 15/6, CTS No. 1/36/2.
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

8. Brookfield Co-operative Housing Society Limited,


Having address at Plot No. 15/4, CTS No. 1/36/3,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

9. Versova Woodland Co-operative Housing Society Limited,


Having address at Plot No. 15/1, CTS No. 1/36/4,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

10. Versova Landsenf Co-operative Housing Society Limited,


Having address at Plot No. 15/3, CTS No. 1/36/6,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

11. Versova Pleasant Park Co-operative Housing Society Limited,


Having address at Plot No. 15/2, CTS No. 1/36/7,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

12. Golden Chariot Co-operative Housing Society Limited,


Having address at Plot No. 15/5, CTS No. 1/36/9,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

13. Silver Chariot Co-operative Housing Society Limited,


Having address at Plot No. 15/5, CTS No. 1/36/10,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

14. Benhur Co-operative Housing Society Limited,


Having address at Plot No. 15/8, CTS No. 1/36/15,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

15. Belscot Units Co-Operative Housing Society Limited,


Having address at Plot No. 15/7, CTS No. 1/36/16,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

16. Belscot Co-Operative Housing Society Limited,


Having address at Plot No. 15/9, CTS No. 1/36/18,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058 …Opponents

THE APPLICANT ABOVE NAMED STATE AS FOLLOWS:


1. The Applicant is a member of Co-Operative Housing Society viz BELSCOT TOWER
CO-OPERATIVE HOUSING SOCIETY LIMITED 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 Reg. No. BOM/K-
WEST/HSG(TC/(3166/1987-88) under the Maharashtra Co-operative Housing
Societies Act having its registered office at Plot No. 15/7, CTS No. 1/36/16, Versova,
Oshiwara, Andheri (West), Mumbai – 400 058, hereinafter referred to as ‘the said
society’.
2. The name of Oshiwara Land Development Corporation Private Limited appears as
owners on Revenue record i.e. Property card bearing CTS No. 1/36/16.
3. By virtue of and under an Agreement dated 7 th November, 1980 and made between
Khetshi Karemshi Haria ‘the chief Promoter’ of Apna Ghar Co-Operative Housing
Society Limited, unit mo. 15 (proposed) and Shri. Moiz Wagh being the Promoter of
the Belscot Tower Co-operative Housing Society Limited (proposed) and the M/s
Lokhandwala Development Corporation, wherein, the chief promoter of Apna Ghar
CHSL, agreed to allow the promoter of Belscot Tower CHSL (proposed) to develop
the land admeasuring 7400 sq. mtrs. or thereabouts.
4. By virtue of and under package Deal agreement dated 09 th November, 1980 Promoter
of Belscot Tower CHSL granted to Opp. No. 3 right to develop the said property.
Opp. No. 3 agreed to finance the whole project and have exclusive right of selling of
flats in the said building/buildings, and receive contributions towards the cost of the
said flats.
5. The said Opp. No. 3 developed the said Property by constructing several buildings on
the said property and the Units Purchasers have formed their respective Co-operative
Societies one being BELSCOT TOWER CO-OPERATIVE HOUSING SOCIETY
LIMITED.
6. The said Applicant society consists of a 20 storeys building having total 120
tenements known as BELSCOT TOWER CO-OPERATIVE HOUSING SOCIETY
LIMITED.
7. The Applicant states that the Opponent No. 3 has entered into several Agreements for
sale of units with the individual purchasers of the units as required by Section 4 of the
Maharashtra Ownership of Flats (Regulation of the pre motion of construction, sale,
management and transfer) act, 1963 and all agreements are duly stamped as required
under the Bombay Stamp act, 1958 and also duly registered as required under the
Registration Act, 1908. The Opponent No. 3 has agreed to convey the suit premises
with the entire building constructed thereon (hereinafter referred to as ‘the said
property’) 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 of Flats (Regulation of the pre motion of
construction, sale, management and transfer) Rules, 1964. The copy of the said
Agreement of _____________________________________________________
dated __________________________ by Opp. No. 3 enclosed herewith and marked
as Exhibit No. ____. List of present members with the details of unit number, areas,
stamp duty paid, registration number, registration fees paid, etc., is given in Exhibit
No. ____.
8. On the basis of above facts we have applied for deemed conveyance with this
Competent authority for our building (Application No. 28 of 2016) and we have
received deemed conveyance Order dated 07/06/2016 for the area of 6169.43 square
meters.
9. Subsequently, we came to know that our society had not applied for Share in Area of
Common R.G. Area, Share in Common Integral Road Area and Share in Area of FSI
Advantage.
10. To rectify said mistake we are now applying to get Share in Area of Common R.G.
Area, Share in Common Integral Road Area and Share in Area of FSI Advantage
along with plot area.
11. Seven other societies of the same layout have applied namely 1) Golden Chariot
CHSL, 2) Versova Pleasant Park CHSL, 3) Versova Woodland CHSL, 4) Silver
Chariot CHSL, 5) Belscot CHSL, 6) Brooklyn CHSL, 7)___________________ and
8) Belscot Units CHSL for deemed conveyance to this competent authority , wherein
Societies 1) to 6) submitted Architect Certificate issued by Architect namely Aniket
D. Mathakar for which this Competent Authority had instructed to prepare an
Architect Certificate acceptable to all societies in Layout.
12. As per Order dated 30.11.2023 passed in 7 Applications of deemed conveyance in the
same Layout, this Hon’ble Authority has considered Architect’s area certification of
Mr. Aniket D. Mathakar dated 09.06.2023. Hereto annexed and marked as Exhibit
‘____’ is the copy of said certificate.
13. According to said certificate, the joint entitlement of the Applicant and Opponent No.
15 is mentioned therein, said two societies being situated on the same plot i.e. plot no.
15/7.
14. Vide Order of the Hon’ble High Court dated 23 rd March, 2018 passed by Shri Justice
R. D. Dhanuka the area share between the Applicant and the Opponent No. 15 has
been determined in the percentage of:
i. Belscot Units Co-operative Housing Society Ltd. – 8.67%
ii. Belscot Tower Co-operative Housing Society Ltd. – 91.33%
Total – 100.00%

Hereto annexed and marked as Exhibit ____ is copy of said Order dated 23 rd March,
2018.

15. In accordance with the same, table of entitlement is produced hereunder:

Sr. no. Belscot Tower Belscot Units


CHS Ltd. CHS Ltd.
(91.33%) (8.67%)
1. RG Area 1585.49 1448.03 137.46
CTS No. 1/36/5,
1/36/11,
1/36/12,
1/36/17,
1/36/14
2. Internal Road 412.67 376.90 35.77
CTS No. 1/36/8
3. Undivided rights in FSI 898.83 820.91 77.92
advantage of DP Road

16. The Applicant is therefore entitled to have a certificate issued by this Competent
Authority that the Applicant is entitled to unilateral deemed conveyance in respect of
the suit premises under section 11 of the said Act.
17. The Applicant has obtained Deemed Conveyance from this Hon’ble Authority vide
Order dated 07/06/2016 for land admeasuring 6169.43 square meters being Sub-Plot
No. 15/7, land bearing CTS No. 1/36/16 of Village Oshiwara, Taluka Andheri, City
Survey Office, Andheri of Mumbai Suburban District to Applicant Society. However,
the common areas such as RG, Internal Road, etc. were not conveyed to the applicant
society. The claim for common areas is sought through this application made under
section 11(3) of MOFA.
18. Accordingly, this Competent Authority be pleased to issue a Certificate of Entitlement
of Unilateral Development rectifying the earlier deemed conveyance Order for Sub
Plot No. 15/7 of layout bearing CTS No. 1/36/16 admeasuring 6169.43 square meters
of Proportionate rights in R.G. Area bearing 1488.03 square meters out of 1585.49
square meters from land bearing CTS No. 1/36/16 of Village Oshiwara, Taluka
Andheri, City Survey Office, Andheri of Mumbai Suburban District and proportionate
rights in Internal Road Area being 376.90 square meters out of 412.67 square meters
from land bearing CTS No. 1/36/16 of Village Oshiwara, Taluka Andheri, City
Survey Office, Andheri of Mumbai Suburban District and further entitled for
proportionate undivided right in FSI advantage of D.P. Road admeasuring 820.91
square meters out of 898.83 square meters in favour of the Applicant along with the
building as the same falls within the jurisdiction of this Hon’ble Competent Authority.
19. The Applicant will rely upon a list of documents which is annexed herewith.
20. The Applicant therefore prays that:
a. This Hon’ble Competent Authority be pleased to grant a Certificate that the
Applicant is entitled to have an unilateral deemed conveyance of suit premises
under section 11 of the Maharashtra Ownership of Flats (Regulation of the
promotion of construction, sale, management and transfer) Act, 1963 and to have
it registered.
b. For costs of the application to be provided.
c. For such other reliefs as this Hon’ble competent authority may deem fit.

BELSCOT TOWER CO-OPERATIVE HOUSING


SOCIETY LIMITED
VERIFICATION

We, _________________________________________________________ , the Authorized


Representative of the Applicant abovenamed do hereby state on solemn affirmation that what
is stated in the foregoing Application is true to my own knowledge and we believe the same
to be true.

Solemnly declared at Mumbai

Dated this ______ day of __________, 2024

BELSCOT TOWER CO-OPERATIVE HOUSING


SOCIETY LIMITED
BEFORE THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, THE COMPETENT AUTHORITY MUMBAI CITY (3), MHADA
BUILDING, GROUND FLOOR, BANDRA (EAST), MUMBAI – 400 051

APPLICATION NO. OF 2024

RECTIFICATION IN DEEMED CONVEYANCE ORDER

Dated 07/06/2016 for Application no. 28 of 2016

Application under Sub-Section (3) of Section 11 of the Maharashtra Ownership of Flats


(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 to
issue a Certificate for Unilateral Deemed Conveyance or registration of Declaration in favour
of the Applicant (Duly Rectified)

Belscot Tower Co-Operative Housing Society Limited,

Having address at Plot No. 15/7, CTS No. 1/36/16,

Versova, Oshiwara, Andheri (West), Mumbai – 400 058 …Applicant

Versus

17. M/s Byramjee Jeejeebhoy (Private) Limited,


83, Jolly Maker Chambers, II 8th Floor,
Backbay Reclamation, Nariman Point, Bombay – 400 023

18. M/s Oshiwara Land Development Corporation Pvt. Ltd.,


Having address at 72/73, 2nd Floor, Botawala Building
Bombay Samachar Marg, Mumbai – 400 023

19. Apna Ghar Co-operative Housing Society Ltd.,


Unit No. 15, 1st Cross Lane, Lokhandwala Main Road,
Andheri (West), Mumbai – 400 058
20. M/s Samarth Development Corporation,
5, 168 Ganesh Chauk, D. N. Nagar,
Andheri (West), Mumbai – 400 053
21. M/s Lokhandwala Development Corporation,
48, Indranarayan Lane off Linking Road,
Santacruz (West), Mumbai – 400 054

22. Clanfield Co-operative Housing Society Limited,


Having address at Plot No. 15/10, CTS No. 1/36/1,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

23. Brooklyn Co-operative Housing Society Limited,


Having address at Plot No. 15/6, CTS No. 1/36/2.
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

24. Brookfield Co-operative Housing Society Limited,


Having address at Plot No. 15/4, CTS No. 1/36/3,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

25. Versova Woodland Co-operative Housing Society Limited,


Having address at Plot No. 15/1, CTS No. 1/36/4,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

26. Versova Landsenf Co-operative Housing Society Limited,


Having address at Plot No. 15/3, CTS No. 1/36/6,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

27. Versova Pleasant Park Co-operative Housing Society Limited,


Having address at Plot No. 15/2, CTS No. 1/36/7,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

28. Golden Chariot Co-operative Housing Society Limited,


Having address at Plot No. 15/5, CTS No. 1/36/9,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

29. Silver Chariot Co-operative Housing Society Limited,


Having address at Plot No. 15/5, CTS No. 1/36/10,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

30. Benhur Co-operative Housing Society Limited,


Having address at Plot No. 15/8, CTS No. 1/36/15,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

31. Belscot Units Co-Operative Housing Society Limited,


Having address at Plot No. 15/7, CTS No. 1/36/16,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058

32. Belscot Co-Operative Housing Society Limited,


Having address at Plot No. 15/9, CTS No. 1/36/18,
Versova, Oshiwara, Andheri (West), Mumbai – 400 058 …Opponents

AUTHORITY LETTER
We _____________________________________, the Applicant abovenamed do
hereby appoint and nominate ______________________ to act, appear and plead on
our behalf in the above matter. In witness whereof we have set out hands to this
writing.
We further authorize him to make an application for share in area of Common R.G.
Area, share in common Internal Road and share in area of FSI Advantage before this
authority on behalf of us.
Dated this day of , 2024
(Authorized person) For Applicant

BEFORE THE HON’BLE DISTRICT DEPUTY REGISTRAR, CO-


OPERATIVE SOCIETIES, THE COMPETENT AUTHORITY MUMBAI
CITY (3), MHADA BUILDING, GROUND FLOOR, BANDRA (EAST),
MUMBAI – 400 051

APPLICATION NO. OF 2024

Belscot Tower Co-operative Housing Society Ltd.

…Applicant

Versus

1. M/s Byramjee Jeejeebhoy Private Limited


2. M/s Oshiwara Land Development Corporation Pvt. Ltd.
3. Apna Ghar Co-operative Housing Society Ltd.
4. M/s Samarth Development Corporation
5. M/s Lokhandwala Development Corporation
6. Clanfield Co-operative Housing Society Ltd.
7. Brooklyn Co-operative Housing Society Ltd.
8. Brookfield Co-operative Housing Society Ltd.
9. Versova Woodland Co-operative Housing Society Ltd.
10. Versova Landsend C-operative Housing Society Ltd.
11. Versova Pleasant Park Co-operative Housing Society Ltd.
12. Golden Chariot Co-operative Housing Society Ltd.
13. Silver Chariot Co-operative Housing Society Ltd.
14. Behnur Co-operative Housing Society Ltd.
15. Belscot Units Co-operative Housing Society Ltd
16. Belscot Co-operative Housing Society Ltd
.…Opponents

VAKALATNAMA

We, BELCOST TOWER CO-OPERATIVE HOUSING SOCIETY LTD.,


the Applicant abovenamed, do hereby appoint and authorize Miss
Yadnya Gaikwad, Advocate, High Court, to appear and plead for us in
the above matter on our behalf before this Hon’ble Court.

In witness whereof we have set and subscribed our hand to this writing.

Dated this day of , 2024

Accepted

BELCOST TOWER CO-OPERATIVE HOUSING


SOCIETY LTD.

YADNYA GAIKWAD (Through its Authorized Representative)

Advocate for Applicant

Address: 4/A, Ground Floor,

Lawrence Trade Centre,

Near Bassein Catholic Bank,

Vasai (West), Palghar – 401 202

Email:yadnya.gaikwad27@gmail.com

Mob: 8408948106
Enrollment No. MAH/6653/2018
AFFIDAVIT

We, _____________________________________________ do hereby declare as under:

We have applied for Deemed Conveyance on behalf of Belscot Tower Co-Operative Housing
Society Limited having address at CTS No. 1/36/16, Village – Oshiwara, Taluka Andheri,
Plot No. 15/7, Four Bungalows, Versova, Oshiwara, Andheri (West), Mumbai – 400 058. We
confirm that we have not approached any other forum for Deemed Conveyance. We confirm
that all the documents submitted along with Application for Deemed Conveyance is to true
and best of our knowledge and belief.

BELSCOT TOWER CO-OPERATIVE HOUSING


SOCIETY LIMITED

You might also like