Deemed Conveyance: Your Housing Society’s Key to Ownership and Power. 

Picture of Hemant Joshi
Hemant Joshi
Senior Manager - CRM & New Business
Owning a flat in a housing society is a dream for many, but what about the land the building stands on? In India, the process of transferring ownership of the land from the developer to the housing society, known as conveyance, is crucial for your society’s future. However, developers often delay this process, leaving societies in a precarious position. This is where deemed conveyance comes in, offering a powerful solution for housing societies in Maharashtra.
Why is Conveyance Important?
Imagine living in a building without knowing who truly owns the land it stands on. This is the reality for many housing societies in India. Conveyance ensures:

  1. Legal ownership

  1. Your society holds the legal title to the land, giving you the right to develop, sell, or mortgage it.

  1. Financial security

  1. You can access loans and other financial benefits based on your ownership of the land.

  1. Control over development

  1. You have the power to decide on future development plans, ensuring the society’s interests are protected.

Why Developers Delay Conveyance
Developers often delay conveyance for strategic reasons:

  1. Future FSI

  1. They hope to gain more Floor Space Index (FSI) in the future, allowing them to build more units and increase profits.

  1. Redevelopment benefits

  1. They might be waiting for redevelopment opportunities, where they can reap the benefits of increased land value.

Deemed Conveyance: Your Right to Ownership
The Maharashtra Ownership Flats Act (MOFA) recognizes the importance of timely conveyance and provides a solution for societies facing delays. Deemed conveyance allows societies to apply for ownership of the land if the developer fails to convey it within the stipulated timeframe.
Benefits of Deemed Conveyance

  1. Legal title and ownership

  1. Your society gains the legal right to the land, ensuring its future security.

  1. Additional FSI and TDR

  1. You can retain any additional FSI or Transfer of Development Rights (TDR) that may become available.

  1. Loan access

  1. You can secure loans by mortgaging the land, enabling future development and improvements.

  1. Commercial benefits

  1. Your society receives all commercial benefits from the land, including rental income and potential sale proceeds.

  1. Redevelopment control

  1. You have the power to decide on future redevelopment plans, ensuring the society’s interests are protected.

How to Apply for Deemed Conveyance
The process involves:

  1. Legal notice

  1. Sending a legal notice to the developer demanding conveyance.

  1. Application to authorities

  1. Submitting a formal application to the relevant authorities under MOFA, along with required documents.

  1. Required Documents

  • Agreement with the developer
  • Agreement with the developer
  • Building plans
  • Completion certificates
  • List of flat buyers
Deemed conveyance is a powerful tool for housing societies in Maharashtra, ensuring ownership, control, and financial security. If your society is facing delays in conveyance, don’t hesitate to explore this option and secure your rightful ownership of the land.
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