A conveyance deed is an important legal document that transfers land ownership to a cooperative housing organisation from a developer or prior landowner. Many housing societies, such as those in Mumbai, struggle to acquire land conveyances. The biggest issue occurs with the reconstruction of communities with outdated and decaying infrastructure. As a result, the Maharashtra government introduced the idea of considered conveyance in 2008 and issued the laws for it in 2010. Under deemed conveyance, a society that did not receive the conveyance could apply to the Deputy District Registrar (DDR) of Cooperative Societies, who would issue an order conveying the land in favour of the society after verifying the documents submitted and hearing both the society and the developer.
Deemed Conveyance Meaning
Obtaining a conveyance document is required to acquire ownership of a structure and the plot on which it is built. To obtain a conveyance deed for a society in Maharashtra, the necessary procedure must be performed, which includes registering the paperwork in government records. According to Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963, the promoter must transfer the title to the land and building to the cooperative housing organisation. The builder or landowner must deliver the title to the flat buyers’ association or legal organisation within four months after incorporation.
However, if the developer fails to furnish the same within a certain time frame, a housing society obtains a presumed conveyance from a competent body under the MOFA.
Deemed conveyance charges
A society can file an application for a ‘certificate of deemed conveyance’ by paying a Rs 2,000 court fee and submitting the required documentation.
Conveyance deed of society vs deemed conveyance
To transfer ownership of the land and building, a developer or landowner must sign a conveyance deed. It is an important document that gives legal ownership of a housing society’s common areas. It is critical for a housing society to prove its legal ownership of the property and to undertake renovation plans.
There are numerous situations where builders or landowners neglect to surrender the ownership of land and buildings to housing societies due to personal reasons. To prevent such practices, amendments were made to the MOFA in 2008 to appoint a ‘competent authority,’ the registrar of cooperative housing societies, to address the societies’ grievances and protect their interests by executing a deemed conveyance under section 11(3) of the MOFA.
According to the new Maharashtra legislation, societies without a conveyance deed are entitled to a presumed conveyance as a legal recourse against the defaulting builder or landowner.
Significance of deemed conveyance
The mechanism for obtaining a presumed conveyance allows societies to secure legal title and ownership of land, develop rights, and enter information into the government’s records. It makes the land free and attractive to potential buyers. Furthermore, the society can keep the higher FSI while taking advantage of Transferable Development Rights (TDR). TDR refers to a property owner’s rights secured in the form of a certificate issued by a competent authority and having economic value in place of surrendering the land or a portion of it to a local body.
More crucially, considered conveyance allows a society to obtain approval from the planning authorities for the redevelopment of its structures.
Deemed conveyance procedure
To secure the considered conveyance, the housing society must submit an application in the prescribed format to the sub-registrar, together with the necessary documentation. Upon receipt of the application, the competent authority will issue the presumed conveyance after checking the authenticity of the documents and enabling the promoter/builder to be heard within a reasonable time frame of six months.
Documents required for the deemed conveyance.
The applicant must provide the following papers and document verification to acquire the presumed conveyance:
Application Form VII should be sent to the District Deputy Registrar of Cooperative Societies together with a Rs 2,000 court fee stamp.
List of members in the required format.
Index II for each member, provided by the Sub-Registrar of Assurance.
An affidavit filed before a notary or executive magistrate.
For each individual flat, provide proof of stamp duty payment and a recorded agreement for sale.
A legitimate copy of the society’s registration certificate.
A document of the development contract between the landowner and the constructor.
A copy of the legal notice sent to the original owner/developer to execute the conveyance.
Contact information for the developer/original owner, including address and phone number.
Draft conveyance document or declaration intended for execution in favour of the applicant.
Documents acquired from the City Survey Office
City survey (CTS) plans.
Property card registration, or 7/12 extract of the land and village form no. 6 (mutation entries).
Documents collected from the Collector’s Office
A copy of the non-agricultural order.
Certificate under the Urban Land Ceiling Act of 1976.
Documents received from the municipal authority
The building or structural plan has been approved by the relevant authorities.
Location plan.
Intimation of disapproval.
A certificate of graduation.
Building completion certificate.
Occupancy certificate (not required).
Proof of payment for property taxes.
Other documents to be submitted
The solicitor or advocate issues a search report for land.
The solicitor or advocate will issue the property’s title certificate (the title search should cover the last 30 years).
Land measurement map with architect’s certificate.
Certified copy from a panel architect regarding the use of full FSI or any remaining FSI with respect to the aforementioned property or plot.
Procedure for Filing Online Application for Deemed Conveyance.
The entire procedure of applying for considered conveyance is conducted online. However, there are several details that the parties must pay attention to before submitting the application. The CHS or flat owners should first send an official email or letter to the Promoter/Builder/Developer demanding that they deliver the SALE DEED or CONVEYANCE DEED draft. If there is no response to the formal communication, the legal body should do the following.
Send a legal notice to the developer via an advocate, requesting that the deed be signed properly.
File an application with the Registrar of Co-operative Societies, attaching the appropriate documents (including self-attestation and copies) and INR 2000 court stamp fees.
Once the Competent Authority is satisfied that all needed documents have been submitted, a notice will be sent to the landowners/promoter/developer.
After receiving the notice, the Authority will hear arguments from both parties and ask them to present additional evidence at the next hearing.
In the absence of the Promoter or the CHS, the Authority will issue an ex parte order.
If no legal questions are presented during the third hearing, the Competent Authority will issue the order.
Step-by-Step Guide and Checklist for Applying Online for Deemed Conveyance
a. Check whether the Society is enrolled on the online website portal of MahaSahakar website.
b. The society is validated by concerned registrars (AR/DR).
c. Make sure that any case-related papers are safely kept on a hard drive or computer (in case you need to make a copy later).
Step 1: In the Deemed Conveyance Application Procedure: Go to the MahaSahakar Website.
(https://mahasahakar.Maharashtra.gov.in)
Step 2: Go to the login screen.
Step 3: Log in using Society Credentials.
Step 4: Click the Deemed Conveyance Link.
Step 5: Complete the case details in the following sections:
a) Applicant Details
b) Unit and Society Bank Details
c) Property Details
d) Land Owner Details
e) Developer Details
f) Case Documents
Municipality Records
Revenue Records
Society Records
Applicant Records
- g) Case Application
Upload Case Application
Enter Case Remarks
Step 6: Make Payment (Pay Deemed Conveyance Charges) using Payment Modes:
a. Making GRAS Online Payments:
b. Using the GRAS Over-the-Counter Method.
Step 7: View the case summary and review the application.
Step 8: Generate Form 7, which is also available at the internet site.
Step 9: Download Form 7.
Step ten: Click APPLY and submit your application.
Process of Registration of Deemed Conveyance
- If the developer/builder/landowner does not respond to a legal notice requesting the transfer deed. The CHS or legal organisation must complete the Deemed Conveyance application form and submit the appropriate documents.
- To effectuate the transfer, the Society’s Special General Body must nominate three members to sign the paperwork. After successful execution, it is submitted to the District Stamp Office for adjudication.
- After receiving the Adjudication Certificate, the Society must pay the appropriate Stamp Duty and have the conveyance franked by the bank.
- Following Franking, the presumed conveyance is presented to the Registration Office. The office then sends a legal notice to the Owners/Promoters to ensure they have received any stay orders against the conveyance in question.
- If no Stay Order is received, the Registration Office legally registers the conveyance and issues a scanned copy and Index II documents within 15 days.
We hope this step-by-step tutorial to Deemed Conveyance helps you. Owning and registering a property is a fairly involved process. Understanding the legal aspects of property registration is critical for both flat owners and co-operative housing societies.
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