What is Deemed Conveyance & Why It’s a Game-Changer for Housing Societies?

Many cooperative housing societies across India—especially in Maharashtra—still wait endlessly for their land rights. Builders delay conveyance, leaving residents powerless. That’s where Deemed Conveyance comes into play—a legal lifeline that puts power back in the hands of flat owners.

Index

1.What is Deemed Conveyance?

2.When Can a Society Apply for Deemed Conveyance?

3.Documents Required for Deemed Conveyance

4.Benefits of Deemed Conveyance

5.Step-by-Step Process

6.Risks of Not Having Conveyance

7.Conclusion

What is Deemed Conveyance?

Deemed Conveyance is a legal provision under the Maharashtra Ownership Flats Act (MOFA), allowing a housing society to obtain ownership of the land and building without the builder’s cooperation.

Definition: If the developer refuses or fails to execute the conveyance deed within the specified time, the society can directly approach the authorities for conveyance—this is called deemed conveyance.

When Can a Society Apply for Deemed Conveyance?

You can apply for deemed conveyance if:

• The builder does not execute the conveyance deed within 4 months of society registration.

• The project is completed and occupied, but land ownership is still not transferred.

• The builder is absent, unwilling, or delaying without valid reasons.

Documents Required for Deemed Conveyance

• Society registration certificate

• Occupancy/Completion Certificate

• Sale deeds or agreements of all members

• Building plan approvals

• Architect certificate

• Proof of builder's inaction (legal notices, correspondence)

• Index II of flats

• Application in Form VII under the MOFA Rules

Benefits of Deemed Conveyance

• Full land ownership to the society

• Freedom to plan redevelopment

• Easier to raise loans or get govt. grants

• Stops builder from exploiting open spaces or FSI

• Legal protection for all residents

Step-by-Step Process

• Appoint a legal advisor or deemed conveyance expert.

• Collect required documents from society members.

• File Form VII along with documents to the Deputy District Registrar (DDR).

• Attend hearing and present your case.

• If approved, get the deemed conveyance certificate.

• Register the conveyance deed and update land records.

Risks of Not Having Conveyance

• Builder can misuse or sell open spaces

• No say in property redevelopment

• Flat owners face legal complications in the future

• Ineligibility for MHADA or govt. schemes

Conclusion

Deemed Conveyance is your right—not a favor. If your society hasn’t received the land ownership yet, don’t wait endlessly. Act legally and take control. Builders may delay, but the law empowers you to proceed without them.

For More Information Contact-https://www.pdlegal.in/