What Every Housing Society in Maharashtra Must Know ?
Deemed Conveyance Explained: What Every Housing Society in Maharashtra Must Know
Published by Vedant Legal | Expert Legal Insights on Property and Housing Laws in India
What Is “Deemed Conveyance”?
In simple terms, deemed conveyance is a legal remedy granted to flat purchasers or cooperative housing societies when a builder (promoter) fails or refuses to transfer the title of land and building to the society within the stipulated time. The term is derived from the idea that the conveyance shall be deemed to have been executed, by force of law, when the builder defaults.
Why Is Conveyance So Important?
When a society purchases flats, it is not just acquiring space within four walls. It also has a collective legal right over:
– The land on which the building stands
– Common areas (e.g., parking, lobbies, terrace)
– Development potential (including FSI, TDR)
Without conveyance, the land remains in the builder’s name, leaving societies:
– Vulnerable to illegal redevelopment
– Unable to undertake repairs or self-development
– Denied rightful title ownership
The Legal Foundation – MOFA, 1963
The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”) governs the builder’s duty to transfer property title. Under Section 11(1) of MOFA:
“The promoter shall take all necessary steps to convey the title in the land and building to the organization of flat purchasers… within four months from the date of registration of the society.”
If the promoter fails, the society is entitled to approach the District Deputy Registrar (DDR) for a deemed conveyance under Rule 11(4) of the Maharashtra Ownership Flats Rules, 1964.
Key Highlights of the Deemed Conveyance Process:
Feature | Explanation |
Applicable Law | MOFA, 1963; Maharashtra Government GR dated 27/09/2011 |
Who Can Apply | Registered Cooperative Housing Societies or Apartment Owners Association |
Where to Apply | Office of the District Deputy Registrar (DDR) of Cooperative Societies |
Key Document | Form VII Application with Affidavit, Title Certificate, and other documents |
Outcome | Deemed Conveyance Order in favour of the Society by quasi-judicial authority |
Real-Life Impact
Thousands of societies in Mumbai, Thane, Pune, and Navi Mumbai have successfully secured land title through deemed conveyance, enabling:
– Self-redevelopment without builder interference
– Bank loans for repairs and infrastructure
– Protection from builder’s unauthorized construction or sale
Deemed Conveyance ≠ Court Case
Unlike civil litigation, deemed conveyance is a quasi-judicial administrative process, designed to be time-bound and less adversarial. It can be pursued even if the builder objects or refuses to appear.
Our Role: Making Deemed Conveyance Simple
As experienced legal professionals, Vedant Legal assists with:
– End-to-end documentation and Form VII preparation
– Legal notices and affidavit drafting
– Hearing representation before DDR
– Title search and due diligence
– Registration of Conveyance Deed
Final Word
If your builder has not executed the conveyance deed even after society registration, do not wait. Deemed conveyance is your statutory right, not a discretionary favour. Timely legal action secures your society’s land rights and development potential.
Have Questions?
Contact Vedant Legal today for a free eligibility check for your society’s deemed conveyance. You can also request a sample checklist or consultation call.