Deemed Conveyance in Maharashtra – Complete Guide

Introduction

In Maharashtra, many flat purchasers face a common issue where the builder fails to transfer ownership of land and building to the housing society. To address this, the concept of Deemed Conveyance was introduced. Deemed conveyance allows a housing society to obtain legal ownership rights without the builder’s cooperation under the Maharashtra Ownership Flats Act, 1963. If builder failed to execute the conveyance deed within 4 months after formation of society or project completion society can apply for deemed conveyance. 

What is Deemed Conveyance?

Deemed conveyance is a legal mechanism through which a co-operative housing society can get the conveyance deed executed in its favour by an order of the competent authority when the builder fails to do so.

It ensures that:

• Society gets ownership of land and building

• Members’ property rights are legally secured

• Why is Deemed Conveyance Important?

  Without conveyance:

• Society has no legal ownership of land

• Redevelopment becomes difficult

• Builder may retain rights over FSI/TDR

• Legal disputes may arise

Deemed conveyance resolves all these issues effectively.

Eligibility for Deemed Conveyance

A society can apply if:

1. Society is registered

2. Flats are sold by the builder ( atleast 60%)

3. Builder has not executed conveyance deed

4. Required documents are availabl

Documents Required

• Society registration certificate

• Society resolution 

•  Sale Deeds of members/Index 2

• 7/12 extract and property card

• Approved building plans

• Commencement certificate and occupation certificate

• Architect certificate

• Development agreement

Step-by-Step Procedure

1. Application to Competent Authority- The society files an application before the District Deputy Registrar (DDR).

2. Notice to Builder - The authority issues notice to the builder and other concerned parties.

3. Hearing and Verification - Both sides are heard and documents are verified.

4. Order for Deemed Conveyance - If satisfied, the authority passes an order granting deemed conveyance.

5. Execution of Conveyance Deed - The authority appoints an officer to execute the conveyance deed on behalf of the builder.

6. Registration of Conveyance- The deed is registered with the Sub-Registrar, making the society the legal owner.

Time Required

Typically, the process may take 6 months to 1.5 years, depending on documentation and objections.

Conclusion

Deemed conveyance is a powerful legal remedy that protects housing societies from builder inaction. By securing ownership rights, societies gain full control over their property and future decisions.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute legal advice or a legal opinion.