What is deemed conveyance?

If you want to become an expert real estate investor. It is important for you to understand what is deemed conveyance and more about conveyance deemed, and the process to obtain the deed of conveyance.

Deemed Conveyance Meaning

Conveyance is the ownership right that is passed on from a builder to the housing society or individuals upon completion of the building. A deemed conveyance comes into the picture when the builder refuses to give the conveyance certificate to the housing societies. In such a case, the housing society approaches the competent authority who looks into the matter and passes the order of conveyance accordingly.

The Procedure to get Deemed Conveyance

For this process, you will need the expert guidance of a real estate lawyer. This process involves a lot of paperwork and in-depth knowledge of league property aspects.

But still, you should have a basic understanding of this process.

• The first step is you need to fill the property form (form7) and can take it from the registrar's office.

• Submit an application in favor of the district deputy registrar.

• Attach the stamp and court fee of Rs 2000.

• Your application will be approved by the sub-registrar.

Documents required to obtain conveyance deemed:

• List of members in the development team with valid id proof.

• Original copy of society registration certificate.

• Original copies of registered shops, stamp duty.

• Blueprint of society plan.

With these documents you need to visit various government offices for approval:

• City collector office

• Municipal corporation office

• City development office.

It is essential for a society to obtain a Deemed Conveyance. When the society needs redevelopment then society needs to show the deemed certificate to the city development authority. It is mandatory for a society to hold a deemed certificate to remain at a distance from legal troubles. Hope this answer is helpful to you and now you have got a better understanding of deemed

conveyance meaning.

Hi, Karan Shah47! As a law student, let me tell you that a missing conveyance deed often indicates that the society did not officially gain legal ownership of the land and common spaces from the builder or original landowner. You may own your individual flat via a registered sale agreement, but the society may not have collective ownership of the underlying property.

How Does Missing Conveyance Affect Redevelopment Projects in Mumbai?

• The society may face difficulties in establishing clear title before initiating redevelopment.
• Development potential may be connected to the underlying land title, and it could lead to disputes.
• Banks may review the society's title before providing large repair or reconstruction loans.
• If the land title has not been transferred, it will be difficult for you to do major structural changes.
• During due diligence, buyers and lenders may request more title documents.

How can Mumbai Societies Get Deemed Conveyance?

Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963, requires promoters to transfer their right, title, and interest in the property to the flat purchasers' entity, subject to certain conditions.

• If the builder does not carry out the deed, the society may seek Deemed Conveyance. It can provide the competent authority with documentation such as registered flat agreements, approved plans, and property records.
• After reviewing the documentation and allegations, the authority may issue a deemed-conveyance order. It allows the transfer to occur without the builder voluntarily signing the deed.

Current flat owners should contact the society committee on the registration of a conveyance deed, the filing of a deemed-conveyance application, and the name currently listed in the land records. I hope this helps. Get NoBroker Lawyer Help for Property Document Verification at Low Cost.

Someone mentioned the builder of my Mumbai society never executed the conveyance deed even though the building was completed years ago. What does that actually mean for current owners like me?

When homeowners purchase individual homes or establish a cooperative housing society, the legal ownership of the entire society is not immediately transferred. Let me tell you, an essential legal document that essentially completes the transaction is a conveyance deed. But do you know the deemed conveyance meaning? If not, I am here to help you out in understanding it better. It is a legal provision under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA).

What is Deemed Conveyance Deed?

In India, when a builder constructs a housing project and sells flats, they are legally required to transfer the land and building ownership to the housing society or legal entity formed by the flat buyers. This is done through a Conveyance Deed. 

However, many developers avoid this to get control over the land for future benefits, leading to legal complications for residents. Under Section 11 of MOFA, if the builder or landowner doesn\'t transfer the property within four months of forming a cooperative housing society, the society can approach the competent authority for deemed conveyance.

Process of Deemed Conveyance

Here is the general process of deemed conveyance.

1. Register the housing society.

2. The society must issue a notice to the developer, requesting conveyance.

3. If the developer does not comply, the society applies for deemed conveyance application.

4. The authority examines documents, hears objections, and verifies claims.

5. If satisfied, the authority issues a deemed conveyance order and executes the conveyance deed in favor of the society.

I hope you found this helpful.

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