Under section 11 of Maharashtra Ownership Flats Acts (MOFA), in case of Regular Conveyance, the Builder/ Developer/ Landowner/ Promoter are duty bound to co-operate with the CHS and execute a Conveyance deed before the Sub-Registrar and the original documents are handed over the new owners after completing all the necessary procedure.
Deemed conveyance occurs when the builder/land owner or the legal heir refuse to co-operate in handing over conveyance certificate to the apartment complex management committee. In such case, the housing society has to appear before the designated competent authority who will hear the case of both parties i.e. the housing society and the builder and would pass the required order of conveyance. It is a remedial measure obtained by the society against the builder/landowner who does not wish to convey the property since he/she sees a commercial gain out of the property in the future. This could include usage of potential FSI for their personal gain.
Deemed conveyance is final conveyance and the same can be registered. Once the designated competent authority has passed the order, there cannot be an appeal against it.
Process of obtaining Deemed Conveyance
When the developer i.e. the builder and the landowners are ready to sign the deed, the housing society can process the conveyance deed. When the builder or their heir create a hurdle is when the housing society can opt for deemed conveyance. The housing society needs to file an application in the prescribed format before the sub-registrar. Once submitted, the competent authority, within reasonable time which is not more than 6 months. After verifying the authenticity of the documents, the plea of the builder is heard. Once the competent authority is convinced that the society’s case is stronger, he/she issues the instrument of deemed conveyance.
The documents required for Deemed Conveyance are as follows:
· Application Form 7 to the District Deputy Registrar, Cooperative Societies, affixing a court fee stamp of Rs 2,000 on the application
· Affidavit made before the Notary or Executive Magistrate True copy of the Society Registration Certificate
· Stamp duty paid and registered agreement copies of all individual flats/ shops
· List of members in prescribed format
· Index-II for each member as issued by the Sub-Registrar of Assurance
· Copy of the Development Agreement between land owner and builder
· Copy of the legal notice issued to the original owner or developer for doing conveyance
· Details of corresponding address telephone number etc. of the original owner or developer
· Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant.
Documents to be obtained from City Survey Office, for submission:
· City (CTS) Survey plan
· Property Registration Card or
· 7/12 extract of the land
· Village form 6 (Mutation entries from Revenue Office)
Documents to be obtained from the Collector’s Office, for submission:
· Copy of the Non-Agricultural Order
· Certificate of the exclusion from Land Ceiling Act (ULC) Certificate
Documents to be obtained from the concerned Municipal Authority Office, for submission:
· Copy of the approved plan
· Commencement Certificate
· Building Completion certificate
· Occupation Certificate (not compulsory)
· Property taxes paid
· Location plan of the building
Documents to be obtained from other professionals, for submission:
· Search Report of the land issued by the Solicitor/Advocate
· Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
· Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
· Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.
Procedure after submission of all the above documents to the Sub-Registrar:
· After spot visit by authorized government officials, a notice would be sent to the builder
· Builder can submit written argument, before a formal hearing is held
· Public notice has to be published in 2 newspapers, of which one shall be in Marathi.
· If there is no response or objection to the notice, then speaking order and certificate of deemed conveyance is issued to the society
· Once the Deemed Conveyance order with Conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the society in the 7/12 extracts or in the property card as the case may be and/ or both.
· If society did not have an OC while applying for deemed conveyance, it is compulsory for the society to obtain an OC from BMC, after the deemed conveyance is obtained.