In both cases, either the developer or builder or the CHS have to file an application in prescribed format (form No.7) before the sub-registrar. In case, either the promoters are not ready or not available, then the CHS can opt of unilateral or deemed conveyance. When the developer and land owners (promoters) are ready to sign the deed, the CHS can opt for conveyance deed.
#CONVEYANCE DEED IN MAHARASHTRA HOW TO#
How to obtain conveyance or deemed conveyance? cooperative society, CHS, apartment or a company. The buyer after forming a cooperative housing society (or CHS) also can approach the competent authority for obtaining a unilateral deemed conveyance in favour of the legal entity i.e. In such cases, members of the CHS can get the deemed conveyance from the authorities. Many a times it is found that builders have not conveyed the title of properties to the housing societies in the hope of availing more floor space index (FSI) that may become available, or the benefits accrued to them in case the property is redeveloped. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).
The Conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. cooperative society, CHS, home buyer, apartment owner, etc). Even condos can be given deemed conveyance.”įor flat owners in buildings developed by MHADA or given on lease by CIDCO, there are separate provisions, and the CHS can approach the respective authorities, Mr Prabhu added.Īs per the provisions of section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organisation ofpersons who had bought the flat (i.e. Mr Prabhu said, “There are several judgements by the Court that say two or more CHS on a single plot of land can also go for deemed conveyance separately. One of the issues raised in deemed conveyance applications is that there are two or more buildings on adjacent plots owned or developed by the builder. In addition, even if there is a court case pending, the DDR as statutory authority can give the deemed conveyance in favour of the CHS,” he added.
“In case of the developer or builder and land owners (together promoters) are not willing to or ready to sign the conveyance deed, then as per the law, the District Deputy Registrar (DDR) as competitive authority signs it as promoter/s. Only thing required is to get it documented in government records.” Therefore, one can safely say, four months after setting up a CHS, it is ‘deemed’ to have a conveyance in place. As per the law, the builder or developer is supposed to provide conveyance for a CHS within four months of establishing the CHS. Mr Prabhu said, “There are three options for getting conveyance-through builder, through court cases or through deemed conveyance. Many housing societies are keen for redevelopment but they cannot go ahead with redevelopment for want of conveyance. The government has said there will be no further extension. The Maharashtra government’s “Deemed Conveyance” scheme has been extended twice and will close on 31 December 2014. Mr Prabhu is a chartered accountant (CA) by profession and an expert on various laws and issues concerning the co-operative and housing sectors. He was speaking at a seminar on “Deemed Conveyance – Law, procedure and incentives to meet the 31st Dec deadline” organised by Moneylife Foundation in Mumbai. However, one can use innovative methods like procuring information under the Right to Information (RTI) to obtain all the documents from several departments, says Ramesh Prabhu. “Although the process is simple, people find it difficult to collect required documents from several departments for obtaining deemed conveyance. Nearly 85% of co-operative housing societies (CHS) in Mumbai alone do not have conveyance from their builders.
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