Legal Fraud or Ownership Rights? Deemed Conveyance Explained
The concept of deemed conveyance under the Maharashtra Ownership Flats Act (MOFA), 1963, allows housing societies to gain legal ownership of land when builders fail to execute the conveyance deed. This process is crucial for mitigating issues stemming from non-compliance, enabling societies to have control over property and redevelopment despite the complexities of leasehold and fraudulent practices.
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AI AND MEDICAL SCIENCE
INTRODUCTION AI is a blessing for health care. When we are scared of an AI in such an arena if I say it’s a boon then of course I must explain how. In the Western world healthcare is good but the patient has to wait for days or months. While in my Country India, it’s immediate. We just get admission and the next day the patient is operated on. In the West, there is a shortage of human resources. Many countries issue visas for medical and para-medical services with benefits attached. So AI can be a blessing in disguise for the West. Let’s analyze how. FACTS AND TECHNOLOGY In India, for various types of surgeries, doctors are already using robots. These surgeries are complicated like cancer, dental surgeries, stone, spine, etc. These surgeries are affordable because of the use of robots by doctors. It’s called robotic surgery. India is now a medical hub because of its competitive price, availability of doctors, immediate care, and affordability. If AI is brought in, in the medical field many lives can be saved as there will be immediate attention given to the patient. This will help even a person who is going through pain to get early relief. Nowadays there is much discussion on new invention of an AI “eye”. If this EYE is introduced in the medical field then we do not require huge machines like X-rays and MRIs. This will save cost and also space. Especially in metro cities space crunch is always an issue. I understand that this EYE technology will give an instant cause of disease and doctors can treat patients fast. Many patients are scared of huge machines which catch their body in. So this issue of scare will also be resolved. DISCUSSION But with blessings, there are shortcomings too. The question arises when robotic surgery fails. Who is responsible for error done by robots? The hospital? The doctor who was in command of the robot? or the company which designed and activated software and algorithms? Usually, if a surgery is done by a human being a certified licensed surgeon then of course he is liable. But in the case of robotic surgery malfunction maker of the robot company is responsible. Certain fundamental laws are dictums about liability. But it needs to be codified. Certain resolutions are passed by the UN but it is in the nascent stage. CONCLUSION Use technology for the benefit of humankind. As such rockets and bombs are also technology but it’s for destruction. During surgery if the internet signal is lost who is responsible? Well, human race is ready for AI? Surgeries were done even in ancient India. Sushrut Samhita speaks of it. Another question therefore arise is do we need AI? All these questions will be answered with the passage of time. But at present with whatever inventions are there in the market it’s a blessing for humankind. Shruti Desai 17th September 2025
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Redevelopment and Property Rights: Key Insights
Today, we will discuss a very critical issue: redevelopment. Redevelopment involves fundamental rights, Article 300A, Guideline 79A, and managing committees. Before we proceed, I kindly request you to like, subscribe, and share my channel since it is free of cost and the issues discussed here are relevant to the general public. Let’s move forward with redevelopment. Redevelopment is a hot topic, and roughly every third building is undergoing redevelopment. It’s true. Just as in life, according to Hindu scriptures, when we leave our body, our soul enters a new body and takes a new birth, similarly, an old building must be given new life through redevelopment. The first movement for redevelopment started in the Island City of Mumbai because all the old buildings, known as chawls, would get flooded during the monsoon season, and there were no laws to address this. Murli Deora, a senior leader, introduced a law for the redevelopment of dilapidated buildings. This law provided many benefits and initially applied to cess buildings from Churchgate, Colaba to Bandra. Gradually, in 1991, the Development Control Regulations (DCR) were introduced, covering provisions for redevelopment of Mhada lands, slums, army and police headquarters, BMC properties, and housing societies. I have discussed all these in my book, "Commentary on Development Control Regulations 1991," which is now in its 15th edition. Moving past 1991, in 2009, Guideline 79A was introduced for cooperative societies. Most redevelopment projects in Mumbai today are under this guideline. On January 3, 2009, these guidelines mandated that redevelopment projects be prepared by the managing committee. However, many complaints arose, such as managing committees not keeping members informed, lack of transparency, arbitrary appointments, and mismanagement during meetings like AGMs and SGMs. Often, committees behaved as if they were landlords and the flat owners were their tenants or slaves. They even recorded videos but did not share them with the members. When members approached the registrar, orders would take months or even a year, by which time the entire process was often derailed. Another issue was lack of coordination between architects and project consultants, who often worked at cross purposes. Redevelopment projects were prepared without proper planning, and tenders were finalized unfairly. Agreements with developers lacked parity and clarity. After these concerns were raised, the government revised the guidelines through a Government Resolution (GR) on July 4, 2019, under Section 79A of the Maharashtra Cooperative Societies Act, 1960. I will share the link to this GR in the video description so you can read it. The 2019 guidelines state that one-fifth of society members can represent the committee to propose redevelopment, along with submitting schemes and suggestions. Within 8 days of receiving the application, the society must issue a notice for an SGM, which should be held within 14 days, followed by convening AGMs or SGMs. Quotations must be obtained from three architects and project management consultants to assess the viability of the redevelopment project. However, problems persist. Sometimes the committee claims members’ consent without any scheme or decision in place. Is this legal? Often, committees record videos but do not share them with members. Can a committee take a […]
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CONVEYANCE AND ASSIGNMENT THE DISTINCTION
ONCE THERE IS A DEED OF ASSIGNMENT EXECUTED BY THE LESSOR IN FAVOUR OF THE LESSEES CAN THERE BE DEEMED CONVEYANCE? Why am I writing this blog? You must be wondering! No noting without cause. Nowadays, in the name of redevelopment societies are collecting huge funds like 20-30 lakhs for Deemed Conveyance. But I am saying it’s wrong? The answer is this society already had a Deed of Assignment executed and registered in its name way back in 1970s. Now this is connivance or illiteracy of the committee that depends on documentary evidence. But this is no less serious offense. Why? It amounts to embezzlement of society funds by way of misrepresentation and fraud. ANALYSIS Let us analyse the question herein is to ascertain as to whether the deed in question is a deed of assignment of lease hold rights. Article 63 of Schedule 1-B of the Indian Stamp Act or would be an outright sale so as to be termed as ‘Conveyance” and would be covered by Article 23 of Schedule 1-B of the Indian Stamp Act. The word ‘sale’ has not been defined under the Indian Stamp Act, 1899. Section 2 (10) of the Act defines “Conveyance” as including a conveyance on sale and every instrument by which property, whether movable or immovable property is transferred inter vivos and which is not otherwise specifically provided for by Schedule 1-A or Schedule 1-B, as the case may be. Now let us see the difference in common parlance: Deed of Assignment: This document transfers interest in property from one person or entity to another. Purpose: It’s used when someone wants to transfer their interest in a property to someone else, such as in property sales or lease assignments. Nature of Transfer: It involves transferring existing property rights, not creating new ones. The Transfer is conditional subject to the terms of Lease Agreement and in case of breach the Lessor/Owner steps in. Execution: It requires the consent and signature of the person or entity giving up their rights. Stamp Duty and Registration: Depending on local laws, it may or may need to be stamped and registered with the land authority. Deed of Conveyance: This document transfers property ownership from a seller to a buyer. Purpose: Confirming Agreement for Sale to establish the buyer’s legal ownership. Nature of Transfer: It creates new property ownership and rights, transferring everything about the property to the new owner. Execution: Both the seller and the buyer must sign it. Requires to be stamped and registered mandatorily. Registration: It typically needs to be registered to show the change in property ownership. In short, Deeds of Assignment transfer existing property rights, while Deeds of Conveyance create new property rights and prove ownership. The word ‘Sale” has been defined under Section 54 of the Transfer of Property Act, 1882 which reads as under:- “Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.” “Lease” has been defined under Section 105 of the Transfer of Property Act, 1882 and also in sub-section (16) of Section 2 of the Stamp Act, 1899 which […]
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LIVING WILL- EUTHENESIA
RIGHT TO DIE WITH DIGNITY A FUNDAMENTAL RIGHT IN INDIA? It is easy to live but difficult to die. Life is lived on hope … Than why we are studying Living Will and Euthenesia? What is Euthanasia? It’s a the practice (most countries have not legalized) of killing somebody without pain who wants to die because he/she is suffering from a disease that cannot be cured. We will see this in detail hereinafter discussing Supreme Court Judgments. In India euthanasia was not permitted. Though practice of SATI was prevalent in India, A widow would jump in pyre of her husband as in Hindu religion marriage is not contract but a relationship for 7 births. So, marriage ceremony is also called saptapadi. The SATI practice was banned The Bengal Sati Regulation or Regulation XVII, A. D. 1829 of the Bengal Code was a legal act promulgated in British India under East India Company rule, by the then Governor-General Lord William Bentinck. The act made the practice of sati—or the immolation of a Hindu widow on the funeral pyre of her deceased husband—declared illegal in all jurisdictions of British India and subject to legal prosecution by Britishers. Subsequently Raja Rammohan Roy in played remarkable role in transformation in the social ideas in the History of India. Age old ‘Sati system’, i.e., burning of Widow in her dead husband’s funeral pyre which existed in India was abolished due to the effort of Raja Ram Mohan Roy He was the founder of Brahmo samaj and he also played a vital role in the abolition of Polygamy and Child marriage in India. Another practice in India was of Johar. Sati and Johar are not the same. Johar was self-immolation practiced in Rajasthan to save chastity by women from Mughals and attackers. Well, these are not in stricto sensu can be called euthanasia but a living death for dignity of woman which was part of religious practice. The last documented case of sati in India was in the year 2008, when Lalmati Verma, a 75-year-old woman, jumped into her husband’s funeral pyre after mourners had left the cremation site. Here are some other recent cases of sati: 2006 : Vidyawati, a 35-year-old woman, allegedly jumped into her husband’s funeral pyre in Rari-Bujurg Village, Uttar Pradesh 2006 : Janakrani, a 40-year-old woman, burned to death on her husband’s funeral pyre in Sagar district 2002 : Kuttu, a 65-year-old woman, died after sitting on her husband’s funeral pyre in Panna district of Madhya Pradesh 1987 : case of Roop Kanwar, India passed additional legislation against sati was passed namely The Commission of Sati (Prevention) Act, 1987 is a law in India that aims to prevent the practice of sati and the glorification of it: Purpose The act prevents the voluntary or forced burning or burying alive of a widow. It also prohibits actions that glorify sati, such as ceremonies, processions, financial trusts, temples, or other actions that honour the memory of a widow who committed sati. Punishment The act punishes anyone who glorifies sati with imprisonment of at least one year and up to seven years, and a […]
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WHEN A CRIMINAL MATTER IS TRANSFERRED TO ANOTHER STATE HIGH COURT THEN WHETHER COURT OF ORIGIN LOSES POWER AND JURISDICTION TO TRY AND ENTERTAIN REMISSION APPLICATION ?
BILKIS BANU JUDGEMENT AN ANALYSIS Yesterday two Judges bench passed an order setting aside remission given by the Gujarat High Court on the recommendation of the Gujarat Government under Section 432 (7) (b) of the Code of Civil Procedure 1973 in the matter of Bilkis Banu vs Union of India. But there is different view of 5 Judges Constitution Bench in Murugan Vs Union of India . This law needs more clarification. Brief History : These writ petitions was filed assailing the Orders dated 10.08.2022, granting remission and early release of respondent Nos.3 to 13 in Writ Petition (Crl.) No.491 of 2022 (which petition shall be considered to be the lead petition), who were all convicted, having been found guilty of committing heinous crimes during the large-scale riots in Gujarat on 28.02.2002 and a few days thereafter which occurred in the aftermath of the burning of the train incident in Godhra in the State of Gujarat on 27.02.2002. The crime in question was driven by communal hatred and resulted in twelve convicts, amongst many Writ Petition (Crl.) No.491 of 2022 Etc. others, brutally gang-raping the petitioner in Writ Petition (Crl.) No.491 of 2022, namely, Bilkis Yakub Rasool, who was pregnant at that time. Further, the petitioner’s mother was gang raped and murdered, her cousin who had just delivered a baby was also gang raped and murdered. Eight minors including the petitioner’s cousin’s two-day-old infant were also murdered. The petitioner’s three-year-old daughter was murdered by smashing her head on a rock, her two minor brothers, two minor sisters, her phupha, phupi,mama (uncle, aunt and uncle respectively) and three-cousins were all murdered. Cause of Action Bilkis Yakub Rasool, being an unfortunate victim of the heinous crimes filed the writ petition under Article 32 of the Constitution of India, seeking issuance of a writ, order, or direction quashing the Orders dated 10.08.2022 passed by the State of Gujarat by which the convicts in Sessions Case No.634 of 2004, Mumbai (respondent Nos.3 to 13 herein), whose convictions were upheld by a Division Bench of the Bombay High Court and thereafter by Supreme Court. On 28.06.2022, the Department of Home Affairs, Government of Gujarat, addressed a letter to the Secretary, Ministry of Home Affairs, Government of India, seeking sanction from the Government of India on the proposal for the premature release of the prisoners, respondent Nos.3 to 13. By letter dated 11.07.2022, the Ministry of Home Affairs, The government of India conveyed its approval under Section 435 of the CrPC for the premature release of all 11 convicts, respondent Nos.3 to 13. Pursuant to the concurrence of the Central Government, the State of Gujarat issued the impugned orders dated 10.08.2022. In the above background, writ petitions were filed, praying, inter-alia, for issuance of a writ, order, or direction, quashing the Orders dated 10.08.2022 LEGAL ISSUE INVOLVED It was asserted inter-alia that though the crime was committed in the State of Gujarat, the investigation and trial were carried out in the State of Maharashtra under the orders of this Court. Hence, given the language of Section 432(7)(b), only the state of Maharashtra would be the appropriate […]
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MEDIATION ACT 2023- PATH TOWARDS PEACE
MEDIATION ACT 2023- PATH TOWARDS PEACE PART- I- MEDIATION Chapter –I What is Mediation? History Mediation is not a new concept for Indians and on the contrary, the same is imbibed in our culture from its inception. It has roots in our culture since ancient times of Buddha, Chanakya, Yagnavlkya and Mahabharat. Duryodhan was adamant and said he would not give an inch from Hastinapur but also demanded Indraprastha, (Today’s NCR) area. Krishna was the first mediator on earth who tried to convince Duryodhan to give up his claim on Indraprastha and keep Hastinapur. But he refused and the consequence was War. In ancient days, any dispute or differences amongst parties were resolved by Mukhiyas, Sarpanch or Panchayats. The same was at the Gram Panchayat Level, whose words and orders were final. People had full respect and faith and had never endeavoured to oppose the same. Indian tradition is marked by joint Hindu Families, where the words sentiments, and, emotions, of all the members of the family are respected and all the disputes and differences of opinion are settled by the Karta of the Family or the eldest person in the Family, so that the family remains united. This was in general the social structure of India and Courts were unknown to our culture. Even today Khap Panchayat makes decisions, and it is final and binding. ( See Sec 3(b) ) By invasion and ruling of Britishers, this system was hampered to some extent and people tended to move to Courts by referring disputes to the Courts for redressal of their disputes in terms of Judgment and Decree, during the British Regime. After partition and enforcement of the Constitution of India, disputes in Courts started piling up and resulted in considerable delays in delivering justice and resolving the dispute. Torts in India even today are not much enforced, however, there are Consumer Forums whose judgment can be executed as a Decree of Civil Court. It is a natural phenomenon that every human being when he is lost in a way goes back to his own origin and again with the same concept, but with improved methods Indian society is now prepared to go back to resolve the dispute by way of mediation in the new name and style of Alternative Dispute Resolution. Unlike Arbitration, mediation is non-judgmental and non-binding. THE PARLIAMENT HAS NOW PASSED THE MEDIATION ACT 2023 Let us see and jump to the current scenario from the days of Mahabharat. APPLICATION: The Act applies to the mediation when it is conducted in India, and — all or both parties habitually reside in case of a company or LL.P or a Firm is incorporated in or has their place of business in India, there is a mediation agreement which provides that any dispute shall be resolved in accordance with the provisions of this Act; or there is an international mediation; or wherein one of the parties to the dispute is the Central Government or a State Government or agencies, public bodies, corporations, and local bodies, including entities controlled or owned by such Government and where the matter pertains to […]
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WHAT IS THE PRINCIPLE OF OWELTY ? WHEN DO THE COURTS APPLY IT IN THE CASE OF CO-OWNED PROPERTY?
When is a property jointly owned and cannot be partitioned by metes and bounds what remedy is available to parties? In the case of a property that is jointly held by the family, or which may be inherited by the family which consists of more than one sibling of the deceased how to partition the property? One alternative is division by metes and bounds. This can be done by parties under a registered agreement by executing a Deed of Partition or if there is more than one property then it can be done by executing a Deed of Family Arrangement and followed by executing a Deed of Conveyance or the document which is needed in the matter applicable to the facts and circumstances of the case. It could be of the nature of a Deed of Release, Deed of Relinquishment, Deed of Gift, or Deed of Exchange as the case may be. The same should be done by way of a registered deed. Now when in the following events : for example, a bungalow is jointly owned by the respective families of four brothers who passed away. The legal heirs of three brothers want to sell their undivided share in the property. But one branch of the deceased brother is objecting to the sale; another example, a bungalow cannot be divided or partitioned by metes and bounds because the legal heirs are more, and the area is less; the objecting party does not reside in the said inherited property; In such a case land is locked so even the generation of income from the same. What to do in such a case? In such cases, courts apply the principle of Owelty: what it is? OWELTY : In regard to partitions, the ground upon which the jurisdiction of courts of equity, was maintainable as it constituted a part of its appropriate and peculiar remedial justice. It is, that courts of equity were not restrained, as, courts of law were, to a mere, partition or allotment of the lands and ‘other real estate between the parties according to their respective interests in the same, and having regard to the true value thereof; but courts of equity might, with a view to the more-, convenient and perfect, partition or allotment of the premises, decree a pecuniary compensation to one of the parties for owelty or, equality of partition, so as to prevent an injustice or avoidable inequality.” ‘Lawrence -on Equity Jurisprudenoe (1929), Vol. I pp. 1227, 1228, s. 1147, also contains the following passage:- , The ordinary method of partition is to decree a physical severance of the separate interests, no sale being authorised unless a fair, partition is otherwise impossible, or at least prejudicial. There was no power of judicial sale at common law. The Court ordering physical partition may make its decree effective by compelling mutual conveyances by the parties of their respective interests. Owelty of partition may be awarded to equalize the shares of the parties and may be decreed to be a lien on the excessive allotment. Though only when necessary to a fair partition, and it should be […]
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COLLEGIUM AND CONSTITUENT ASSEMBLY -PITH AND SUBSTANCE CONFLICT OR DEVIATION?
Nowadays Collegium is a topic of debate. It’s a system where the Committee of Justices of Higher Courts sanctions and recommends an appointment of an Advocate/Justice of the High Court to a higher bench or apex bench of the Judiciary. Which is under criticism. At present Collegium is a system that makes the appointment and recommends names to the President and Government of India. However, as a matter of academic interest let us see the background of this issue. To draft the Constitution, a Constituent Assembly was constituted. In the said assembly the topic or article on the appointment of Judges to the higher judiciary amendments was discussed at length. Copy each of Part-1 and Part -2 of the Collegium discussion given below in the link. The following are the relevant resolutions. Proceedings before Constituent Assembly Mr. President: The question is: “That for clause (2) of article 103 the following be substituted:- ‘Every Judges of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge, other than the Chief Justice, the Chief Justice of India shall always be consulted.’” The amendment was negatived. “That in clause (4) of article 103, for the words ‘supported by not less than two-thirds of the members present and voting has been presented to the president by both Houses of Parliament ‘ the words ‘by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President’ be substituted.” The amendment was adopted. Provision of Constitution: An evolution: Provision of Constitution : Establishment and constitution of Supreme Court.—(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than [seven] other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal [on the recommendation of the National Judicial Appointments Commission referred to in article 124A]2 and shall hold office until he attains the age of sixty-five years: 3.[* * * * *] 4 [Provided that]— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). 5 [(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the Supreme Court, unless he is a citizen of India and— (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts […]
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CAN SOCIETY CHARGE MAINTENANCE CHARGES ON AREA WISE BY WHICH LARGER FLAT OWNERS CONTRIBUTE A LESSER AMOUNT THAN SMALLER UNITS?
Nowadays an ultra-vires method of chargability has been adopted by several societies. The committee uses its majority power and misguides the General Body of members and passes the resolution. Chargeability on unit-wise results in higher contribution by small flat owners and lower contribution by larger flat owners. Maintenance charges are the foundation to run the expenses of the society. Now first let us see the provisions in the Act of 1960 and the byelaws. Byelaws are contracts between the management and society. Any breach of byelaws amounts to a breach of contract and breach of trust. Any discrimination made is a serious breach of equal rights granted under the constitution of India. BYE-LAWS PROVISIONS FOR CHARGABILITY OF MAINTENANCE: LEVY OF CHARGES OF THE SOCIETY The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following : (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges. The Service charges of the Society referred to at 64 (vii) above shall include the following: Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society. Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same. Printing, Stationery and Postage, Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society. Sitting fees paid to the Members of the Committee of the Society, Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd. Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated. Entrance fees for affiliation to the Housing Federation and any other cooperative institution. Audit Fees for internal, Statutory and reaudit, if any. Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any k. Retainer fees, legal charges, statutory enquiry fees. Common electricity charges. Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and Bye-laws of the Society. 66. The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis: Property taxes: As fixed by the Local Authority Water Charges: On the basis of the total number and size of inlets provided in each flat. iii. Expenses on repairs and maintenance of the building/buildings of the Society: At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting […]
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