In the real estate landscape of Maharashtra, one term that frequently surfaces in the context of cooperative housing societies is deemed conveyance. Yet, despite its legal significance, many society members remain unaware of its meaning, implications, and benefits. If you’re part of a housing society that hasn’t yet received a conveyance deed, understanding deemed conveyance is essential to secure your society’s legal ownership of the property.
What is Deemed Conveyance?
Deemed conveyance refers to the legal process through which a cooperative housing society obtains the ownership rights of the land and building from the builder or developer—even if the builder refuses to cooperate. As per Section 11 of the Maharashtra Ownership Flats Act (MOFA), the promoter (i.e., builder or developer) is obligated to convey the title of the land and building to the society within four months of its formation.
However, in many cases, builders delay or avoid this responsibility due to vested interests, such as plans for future redevelopment or financial gain. In such cases, the society can apply for deemed conveyance through the competent authority (District Deputy Registrar), bypassing the need for the builder’s cooperation.
Why is a Conveyance Deed Important?
A conveyance deed is a legal document that formally transfers the title of the land and building from the developer to the society. Without this document:
- The society has no legal ownership of the land.
- Future redevelopment or reconstruction becomes nearly impossible.
- The society cannot obtain full property rights, such as TDR (Transfer of Development Rights).
- Members face legal uncertainty, especially in disputes or resale.
Obtaining a deemed conveyance ensures the society becomes the lawful owner, safeguarding the rights of all its members.
When Can a Society Apply for Deemed Conveyance?
Your society can apply for deemed conveyance if:
- It has been more than four months since registration.
- The builder has failed to execute the conveyance deed.
- There is no ongoing litigation preventing the transfer of title.
This remedy was introduced to empower housing societies and protect flat owners from prolonged delays and developer inaction.
Legal Process of Obtaining Deemed Conveyance in Maharashtra
The process of acquiring deemed conveyance is legal and procedural. Here’s a step-by-step breakdown:
Step 1: Form a Legal Committee
The society must form a Deemed Conveyance Committee and authorize a representative to act on its behalf.
Step 2: Collect Required Documents
Gather the following:
- Society registration certificate
- Property purchase agreements of all flat owners
- Approved building plan
- Completion/Occupancy certificate
- Land title report
- Layout plan
- 7/12 extract and property card
- Architect certificate (if required)
Step 3: Prepare Application
The application must be prepared and submitted in the prescribed format (Form VII), along with all supporting documents and an affidavit.
Step 4: File with District Deputy Registrar
Submit the application to the District Deputy Registrar (DDR) of Co-operative Societies in your area. After scrutiny and public notice, the authority will call for a hearing.
Step 5: Legal Hearing and Decision
The builder or landowner will be given an opportunity to respond. If they fail to provide a valid reason, the DDR will pass an order of deemed conveyance in favor of the society.
Step 6: Execution and Registration of Conveyance Deed
Once the order is granted, the society can execute and register the conveyance deed unilaterally—even without the developer’s signature.
Challenges Societies Face
Despite legal provisions, societies often face:
- Lack of awareness about the deemed conveyance process
- Incomplete or missing documentation
- Builder opposition or legal pressure
- Procedural delays due to lack of legal support
This is where professional housing society legal help becomes essential. Expert guidance ensures documentation, representation, and filing are handled correctly, preventing rejection or delays.
How Jai Gajanan Associates Helps
With over 25 years of experience in property and society legal services, Jai Gajanan Property Advisor LLP offers comprehensive support for deemed conveyance and society legal matters across Maharashtra. Our services include:
- Legal documentation and application drafting
- Property title search and reports
- Liaison with government departments and DDR office
- Representation during hearings
- Registration of the conveyance deed
We understand the complexities of the process and ensure your society’s rights are legally protected.
Real Benefits of Deemed Conveyance
Securing a deemed conveyance offers several long-term advantages:
✅ Full legal ownership of land and structure
✅ Eligibility for redevelopment under MHADA or SRA
✅ Greater financial independence and asset control
✅ Increased property value and trust for buyers
✅ Protection against illegal claims by builders or third parties
Conclusion
In the absence of a conveyance deed, your society’s legal standing remains incomplete—making it difficult to protect assets, plan redevelopment, or secure financing. Deemed conveyance is not just a legal option; it’s a necessity for housing societies in Maharashtra that have been waiting too long for rightful ownership.
Don’t let builder delays keep your society in limbo. Empower your members with legal ownership and peace of mind.
Need help with deemed conveyance in Maharashtra?
Let Jai Gajanan Associates assist your housing society with complete documentation, legal compliance, and expert support to secure your conveyance deed successfully.
