A Conveyance Deed is an important legal document because it transfers ownership of land on which your building stands from a developer or the previous landowner to a cooperative housing society. In Mumbai and other cities of Maharashtra, many societies are faced with the challenge of obtaining their rightful conveyance of land.
If you don’t have your conveyance from the developer or the previous landowner, you face a major problem when your society goes in for redevelopment because of its old and dilapidated structure. In view of many societies facing the challenge of obtaining conveyance, in 2008, the Maharashtra government introduced the concept of deemed conveyance, and in 2010 published rules pertaining to it.
While Conveyance is the right of ownership of the building and the plot on which the society building is built, the deemed conveyance is the right of ownership received through the competent authority appointed by the state, if the builder/previous owner refuses to give you the conveyance.
If you don’t have your conveyance from the developer or the previous landowner, We are here to assist you.
Conveyance is crucial for a housing society because it is proof that you are legal ownership over the property and for undertaking redevelopment projects.
Many times, builders or landowners conveniently fail to convey the title of land and building to housing societies, because they have their own interests to protect.
Under the concept of deemed conveyance, a society that does not receive the conveyance is entitled to apply to the Deputy District Registrar (DDR) of Cooperative Societies for one.
DDR of Cooperative Societies would then verify all the necessary documents submitted for considering the application, hear both sides of the issue – the society and the developer, and then pass an order conveying the land in favor of the society.
As per Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963, the promoter (the builder or the landowner) is mandated to convey the title of the land and building, to the cooperative housing society within four months of the society/or a legal body of flat buyers being established.
If the developer fails to do this, the society can apply for a deemed conveyance through a competent authority under the Maharashtra Ownership Flat Act (MOFA)
For obtaining deemed conveyance ensure you tick off all the items on this check this. The applicant will have to furnish the following papers and document proofs.
To file an application for obtaining a ‘certificate of deemed conveyance’, a society has to affix a court fee of Rs 2,000, along with the mandatory documents being submitted.
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To spread awareness on deemed conveyance, the Maharashtra cooperative department at the start of 2021, supported by the Pune District Cooperative Housing Society Association, initiated a drive among housing societies, to spread awareness about deemed conveyance.
The housing department, in 2013, issued a government resolution or GR for holding a deemed conveyance Adalat every month. This was with the intention to address contentious issues related to deemed conveyance. As no progress has been made on this front since the GR was first introduced, several citizens in the State have voiced their concerns, by writing to the district collector and the State Government.
The GR issued in 2013 has stated that as per the amendments in the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale management and transfer act 1963), the Maharashtra government has appointed a competent authority under Section 5, and powers were conferred upon them to implement the deemed conveyance process