Deemed Conveyance

Deemed conveyance refers to a legal provision that allows for the transfer of ownership of a property, typically a housing society or a cooperative housing society, from the builder or developer to the society's association or cooperative society without the need for the builder's consent. This provision is usually invoked when the builder fails to cooperate or fulfill their obligations regarding the transfer of ownership to the society after the completion of the project. Deemed conveyance ensures that the co-operative housing society has clear ownership of the property. This clarity of ownership is essential for initiating redevelopment projects because it provides a legal framework within which redevelopment activities can take place. 

In Maharashtra, Deemed Conveyance procedure is governed by Section 11 of the Maharashtra Ownership Flats,(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act (MOFA), 1963. The procedure for obtaining deemed conveyance in Maharashtra involves several steps and requires adherence to specific legal requirements. Here's an overview of the typical procedure:

1. Verification/Collection of Documents:

The society needs to verify and collect all relevant documents related to the property, such as the layout plan, commencement certificate, occupation certificate, title Certificate, Index-2s of the individual flat sale agreements of the members, etc.

2. Notice to the Builder/Developer:

The society must issue a legal notice to the builder/developer, requesting them to execute the conveyance deed in favor of the society in accordance with the Agreement executed under MOFA. The notice should specify a reasonable time frame for compliance.

3. Application to the Competent Authority:

If the builder/developer fails to execute the conveyance deed within the specified time frame, the society can apply to the Competent Authority for deemed conveyance. The application should be made to the appropriate Competent Authority under Section 11(3) of the Maharashtra Ownership Flats Act (MOFA). 

4. Preparation of Application:

The society needs to prepare a detailed application for deemed conveyance, including the prescribed application form along with supporting documents and Court Fee of Rs. 2000/-. The documents typically include:

• Society registration certificate.

• Copy of the Society's resolution authorizing the application.

• Copy of the Approved building plan.

• Commencement Certificate

• Occupation Certificate (If Available)

• Title Certificate

• Index-IIs of the Sale Agreements of all members of the Society.

• Affidavits and declarations as required by the Competent Authority.

5. Submission & Scrutiny of Application:

The society submits the application along with all necessary documents to the Competent Authority having jurisdiction over the area where the property is located. The Competent Authority verifies the documents submitted and conducts a scrutiny to ensure that all legal requirements are met.

6. Hearing:

After scrutiny, the Competent Authority shall issue notices to all concerned parties and schedule a hearing. In addition, the Competent Authority may also issue public notices in newspapers calling for objections and claims with regards to the  application for deemed conveyance filed by the Society. On the date of the hearings, both the society and the builder/developer/land owners will have the opportunity to present their arguments, evidence, and legal reasoning before the Competent Authority.

7. Order for Deemed Conveyance:

If satisfied that the society is entitled to deemed conveyance, the Competent Authority issues an order granting conveyance of the land and building and directing the Sub-Registrar of Assurances to register the deemed conveyance deed in favor of the society.

8. Submission for Stamp Duty Adjudication:

Once the final conveyance deed is prepared on the basis of the Order issued by the Competent Authority, the Society submits it to the Stamp Duty Valuation Authority i.e. the District Collector of Stamps for adjudication of stamp duty. This step ensures that the correct amount of stamp duty is calculated based on the provisions of the Maharashtra Stamp Act and relevant regulations. After the adjudication process is complete, the Stamp Duty Valuation Authority notifies the Society of the adjudicated stamp duty amount payable on the conveyance deed. The Society is required to pay the adjudicated stamp duty amount within the specified time frame. Upon payment of the stamp duty, the conveyance deed is stamped with the appropriate stamp duty indicia or impressed with the stamp duty certificate, indicating that the duty has been paid.

9. Registration of Conveyance Deed:

The Society then proceeds to register the stamped conveyance deed with the nearest Sub-Registrar of Assurances as per the provisions of the Registration Act, 1908. Registration completes the legal transfer of title of the property to the Society.

10. Mutation in Land Revenue Records:

After registration, the society obtains the certified copies of the deemed conveyance deed from the Sub-Registrar of Assurances and submits the same to the local Talathi or City Survey Officer for including the Society's name on the 7/12 Extracts or Property Card of the land. Property card or 7/12 mutation ensures that the updated ownership details are reflected in the official property records maintained by the local government authorities, providing clarity and transparency regarding ownership rights of the Society. It is an essential step in the process of completing the deemed conveyance, in Maharashtra.

Are you tired of navigating the maze of paperwork and legal complexities to secure ownership rights for your cooperative housing society? Look no further! Our esteemed team specializes in providing seamless and hassle-free Deemed Conveyance Services tailored to meet the unique needs of societies in the region of Thane and Mumbai.