02/04/2025

Deemed Conveyance

Housing Society Conveyance Deed..

It’s a Conveyance Deed executed to transfer the ownership of land and the building structure from the developer-builder to a co-operative society or a similar organisation, when the developer-builder refuses to do so.

What is Deemed Conveyance?

When the developer-builder fails or refuses to execute the conveyance deed in favour of the organisation of flat purchasers, an application can be made by the organisation to the concerned District Dy. Registrar, Co-operative Societies Office, for effecting the conveyance in accordance with Section 11(3) of the MOFA Act. A deed so executed is called deemed conveyance.

As per the Housing Society bye-laws, the main objective of formation of the Society is to obtain the Conveyance.

Section 11 of the Maharashtra Ownership of Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (MOFA Act), and Rule 9 of the Maharashtra Ownership of Flats (Regulation of the promotion of construction, etc.) Rules, 1964 (MOFA Rules) prescribe a period of four months from the date on which the organisation of flat purchasers is legally formed for conveying the title to the organisation of flat purchasers, if there is no mutually agreed period for conveying the title to the flat purchasers.

Frequently Asked Question

Some Important..

If the promoter fails to convey his right, title and interest in the land and building within 4 months from the formation and registration of the society or company, or within such time as maybe agreed upon by and between the promoter and flat purchasers, the society can make an application to the competent authority for issuing a certificate/an order stating that such society is entitled to have a unilateral deemed conveyance. 

When a promoter fails to fulfill his obligations of conveying his right, title and interest in the land and building, the competent authority steps in to fulfill such obligations to avoid hardship to the flat purchasers. 

However, to take the benefit of the provision of deemed conveyance, flat purchasers and societies must have all their documents in place and be willing to comply with all applicable provisions of law. 

Flat purchasers and societies must also have sufficient funds available with them as the stamp duty payable on an instrument of deemed conveyance may run into several lakhs or crores in certain cases. 

Lastly, a society being a successor in title of the promoter cannot claim any rights higher than that of the promoter.

On receipt of such Deemed Conveyance Deed application, the competent authority shall make inquiry, verify the authenticity of the documents submitted and give the promoter a reasonable opportunity to be heard. If satisfied, the competent authority shall issue a certificate to the Sub-Registrar stating that it is a fit case for enforcing unilateral execution of a conveyance deed conveying the right, title and interest of the promoter in the land and building in favour of the society.

Call - 99677 59159

Deemed Conveyance Deed Required Documents

  1. Copy of registered flat agreement from seller (builders and Flat/Shop owner)
  2. Certificates such as – Completion Certificate,  Commencement Certificate, Occupation certificate,
  3. Approved plan,  Layout plan (Blue Prints of all plans) N.A. Order. Certified copies from Municipal Corporations/VVMC under Right to Information.
  4. Latest 7/12 Extract/Property Card
  5. List of present society members & Index-II of present all members.(Stamp duty proof)
  6. Building survey report from the revenue department.
  7. Architect certificate for plot area / No balance FSI certificate.
  8. F No. (Annexure – A) submitted by builder to registrar for registration of cooperative Housing Society.
  9. No litigation letter from society.
  10. Society registration certificate.
  11. Legal Notice sent to developer for Conveyance Deed.
  12. Society’s General Body Resolution for Deemed Conveyance/Conveyance Deed.
  13. Society committee members/ Board of director’s resolution/ authorization.
  14. List (Name) of the society committee members/ Board of directors.
  15. Adhar card/ PAN card Xerox copy/ 3 passport size photo of ( Chairman + Secretary + Treasurer)
  16. TILR (Taluka Inspector of Land Records) map ( Vasai TLR office)
  17. At present application fee of Rs. 2000/-
  18. Development Agreement & Power of Attorney.
  19. Search Title Report.
  20. If any required additional stamp duty payable to government as per working of department on account of society (concerned member.)
  21.  

Housing Society Deemed Conveyance Deed

Basic Package 6000/- per member

Deemed Conveyance Deed Drafting, Issue Legal Notice, Application to RTI, Application Filing and papering before the authority.

Not Included below Expenses in the Basic Package :- 

  • Society related any stamp duty & Registration fee payable to government.
  • Building survey report from the revenue department – Report Expenses.
  • Architect certificate for plot area / No balance FSI certificate Expenses.
  • Public notice published in the news payer Bill.

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