Deemed Conveyance Drive – Maharashtra

All housing societies are requested to please note the detail of special drive for Deemed Conveyance which will take place from 1st Jan 2021 to 25th Jan 2021.

A Deemed conveyance is a document executed to transfer the title of land and building in name of the housing societies. Conveyance is a process in which the ownership of the land on which a particular building complex is built gets transferred to the housing societies.

Many builders have not conveyed the title of the properties to the societies in the hope of availing more floor space index that may become available, or the benefits accrued to them in case the property is redeveloped. To stop this illegal practice, the government came out with a special law to enable societies get deemed conveyance.

The papers required for doing Deemed Conveyance are as follows:

  • Application Form 7 to the District Deputy Registrar, Co-operative 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
  • IOD
  • 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 arguement, 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.

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