In many housing societies across India, especially in Maharashtra, builders fail to transfer land and building ownership to the society even after years of possession. To address this issue, the law provides a remedy known as Deemed Conveyance Deed.
This Saving Mantra guide explains what a deemed conveyance deed is, its benefits, and the step-by-step process in India.
What is a Deemed Conveyance Deed?
A Deemed Conveyance Deed is a legal mechanism through which ownership of land and building is transferred from the builder or developer to the housing society by order of a competent authority, even without the builder’s consent.
It is governed under:
- Maharashtra Ownership Flats Act (MOFA), 1963
- Relevant state housing and co-operative laws
Once granted, the society becomes the legal owner of the land and building.
When is Deemed Conveyance Required?
Deemed conveyance is required when:
- Builder fails to execute conveyance deed
- Society is formed but land is not transferred
- Builder is untraceable or non-cooperative
- Project is stalled or builder is bankrupt
Benefits of Deemed Conveyance Deed
Obtaining a deemed conveyance deed offers multiple benefits:
- Legal ownership of land and building
- Right to redevelop property
- Ability to mortgage or raise loans
- Protection from third-party claims
- Clear property title for members
- Eligibility for redevelopment approvals
It empowers the housing society legally and financially.
Eligibility for Deemed Conveyance
A housing society is eligible if:
- Society is legally registered
- Members have possession of flats
- Builder has failed to convey property
- Required documents are available
Documents Required for Deemed Conveyance
Common documents include:
- Society registration certificate
- List of members and flat purchasers
- Sale agreements of members
- Property card / 7/12 extract
- Approved building plans
- Architect certificate
- Index II documents
Document availability plays a crucial role in approval.
Step-by-Step Process for Deemed Conveyance in India
Step 1: Society Resolution
- Pass resolution in General Body Meeting
- Authorize managing committee
Step 2: Document Collection
- Compile all property and society records
- Prepare application set
Step 3: Application Filing
- File application before Competent Authority
- Pay prescribed government fees
Step 4: Notice to Builder
- Authority issues notice to builder
- Builder is given opportunity to respond
Step 5: Hearing and Verification
- Authority verifies documents
- Conducts hearings if required
Step 6: Order of Deemed Conveyance
- Authority passes order in favor of society
- Conveyance deed executed through government
Step 7: Registration
- Deemed conveyance deed registered
- Property card updated in society name
Timeline for Deemed Conveyance
The process usually takes 6 to 12 months, depending on:
- Document completeness
- Builder response
- Authority workload
How Saving Mantra Helps with Deemed Conveyance
Saving Mantra provides end-to-end support, including:
- Eligibility assessment
- Document verification
- Application drafting and filing
- Liaison with authorities
- Registration and property card update
We ensure a smooth and legally compliant process.
Conclusion
A Deemed Conveyance Deed is a powerful legal solution for housing societies to secure rightful ownership when builders fail to act. Understanding the benefits and following the correct legal process is essential. With professional assistance from Saving Mantra, societies can obtain deemed conveyance smoothly and confidently.
Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Deemed conveyance procedures and requirements may vary based on state laws and case-specific facts. Readers are advised to consult qualified legal professionals before proceeding.