deemed conveyace

S. B. MAHANVAR & CO Shivaji B. Mahanvar
TAX & CO-OP.SOCIETY MANGEMENTCONSULTANT B.com,LL.B(G),DLL&LW,GDC&A,DCBM
Office : Shop No.- 11, Anmol Terrace, Opp. L T. Engineering College, Plot No. 20, Sector 5,
Koperkhairane, Navi Mumbai – 400 709 Mobile : 9769685920 / 9594373104
E-mail id : sbmahanvarin@gmail.comWebsite : sbmahanvarin.com
1 |sbm-deemedconveyance
Conveyance of Co- Operative Housing
Society
Conveyance of a Property is transferring the Rights, Title, Interest and Ownership of the
Property from the Seller to the Purchaser.
In case of a Co- Operative Housing Society (formed by the Flat Purchasers/ Owners under the
provisions of Maharashtra Co- Operative Societies Act, 1960), Conveyance is transferring the
Rights, Title, Interest and Ownership of the Land and Building from the Land Owner/ Property
Developer to the Co- Operative Housing Society.
As per the provisions under Section 11 of Maharashtra Ownership Flat Act, 1963, Conveyance is
the Right of the Co- Operative Housing Society and the Duty of the Property Developer/
Promoter to be executed within 4 months from the date of Registration of the Co- Operative
Housing Society.
The Conveyance is to be executed by way of Conveyance Deed between the Land Owners & the
Co- Operative Housing Society where the Property Developer is the Confirming Party. This
Conveyance Deed is required to be Adjudicated & properly Stamped as per the Bombay Stamp
Act, 1958 & thereafter Registered as per the Registration Act, 1908. It is required to obtain the
Index II of the Registered Conveyance Deed. The copy of Registered Conveyance Deed along
with the Index II is to be submitted to various Government Offices for change in the mutation
entries of the Property.
After the Land and Building is conveyed in favour of the Co-operative Housing Society and the
Title of the property is fully and finally recorded in the Property Card and other Revenue
Records then only the Co- Operative Housing Society becomes absolute owner of the Property &
the Title of the Co- Operative Housing Society becomes completely free and marketable.

Need for Deemed Conveyance
A Co- Operative Housing Society is the owner of the Land & Building & individual member
enjoys the ownership right of the Flat/ Shop based on the Share Certificate issued by the Co-
Operative Housing Society.
A vast majority of Co- Operative Housing Societies does not have the Conveyance in their
favour & hence are not the owners of their Land & Building. In this situation, even though each
member of the Co- Operative Housing Society has paid full consideration and is in possession of
the Flat/ Shop allotted, he does not enjoy the benefits of title ownership of the Flat/ Shop.
In case of Co- Operative Housing Societies formed long back, many of the Buildings are in
dilapidated condition and their repairs are not economically viable. The best solution available
for these Co- Operative Housing Societies is to go ahead with ReDevelopment. The non-
availability of the Conveyance & therefore free/ marketable Title affects the ReDevelopment
Process badly.
In case of Co- Operative Housing Societies formed recently, the ReDevelopment at the moment
is not on the agenda. However the non- availability of the Conveyance and free and marketable
Title may affect its present Revenue and may be a hindrance in ReDevelopment process in
future.
Therefore Deemed Conveyance is in the larger interest of the Co- Operative Housing Societies
(and their each and every member) who are denied their right of Conveyance by the Land-
Owners & Property Developers.
All About Deemed Conveyance
Deemed Conveyance is an Amendment under sub- section (3) of section 11 of the Maharashtra
Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer)
Act, 1963.
The essence of the Deemed Conveyance Amendment is as follows.
 Deemed Conveyance Amendment is applicable to the Societies that have not received
Conveyance from the Land Owners & Property Developers within 4 Months of their
formation.
 The aggrieved Society shall make a Deemed Conveyance Application to the Competent
Authority designated by Government of Maharashtra.

 The Deemed Conveyance Application of the Society shall include the Documents
notified by Government of Maharashtra for Deemed Conveyance.
 The Competent Authority shall hear the say of the Land Owners & Property Developers.
 The Competent Authority on satisfaction shall issue the Deemed Conveyance Order &
Certificate in favour of the Aggrieved Society.
 The Competent Authority shall execute the Deemed Conveyance Deed on behalf of the
Defaulting Land Owners & Property Developers with the Aggrieved Society.
Advantages of Deemed Conveyance
 Society will get Proper and Legal Title of the Property (Land & Structures) in the name
of the Society
 Society’s Property will be Free and Marketable
 Society will retain Additional F.S.I granted by change of Development Regulations
 Society can raise the Loans for Repairs and Reconstruction by mortgage of the Society’s
Property
 Society can get permission for reconstruction from the Planning Authorities
 Society can ReDevelop the Property by constructing new building using TDR &
Members can get the additional area (Fungible F. S. I.), new amenities & Corpus Fund
 Society can receive additional Revenue of Rent from Advertising Hoarding & Tele-
Communication Tower etc.
Procedure for Deemed Conveyance
The Procedure for DeemedConveyance involves the following Stages
Stage 1- Preparation for DeemedConveyance
During this stage the Managing Committee prepares the Members of the Co- Operative Housing
Society for Deemed Conveyance.
Stage 2- Documentation for DeemedConveyance
During this stage the Documents Required for Deemed Conveyance are collected/ organized &
the Case is prepared.
Stage 3- Legal Case for DeemedConveyance
During this stage the case is filed before the Competent Authority & after contesting the same
the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.

Stage 4- Registration of Deemed Conveyance
During this stage the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.
Stage 5- Transfer of Property after DeemedConveyance
During this stage the Society Name is incorporated in the Land Revenue Records.
Preparation for Deemed Conveyance
This is a very important stage where the Managing Committee prepares the Members of Co-
Operative Housing Society for the Deemed Conveyance.
The Managing Committee convenes a Special General Meeting (SGM) of the Society by giving
suitable notice highlighting the agenda.
The Managing Committee places before the SGM the difficulties faced for obtaining the
Conveyance from the Land Owners/ Property Developers. The Managing Committee explains
the effects of non- availability of Conveyance to the Members. The Managing Committee
explains the Procedure & Benefits of Deemed Conveyance to the Members.
During this SGM the following Resolutions are typically passed.
1. Resolution for going ahead with Deemed Conveyance
2. Resolution for Appointment of Authorised Representative
3. Resolution for Appointment of Legal Consultant for Deemed Conveyance
4. Resolution for Per Member Contributions
After this stage only the Deemed Conveyance activity for the Society moves forward to the
Documentation stage.
Documentation for Deemed Conveyance
Documentation is a very important & crucial stage in the Procedure for Deemed Conveyance. It
requires absolute focus & meticulous handling to ensure that all the required documents are
obtained & organized in an appropriate manner.
Refer: Documents Required for Deemed Conveyance

The Land Revenue Records of recent origin are obtained by making applications to the
respective Government Departments like City Survey Office, Tahasildar/ Talathi Office &
District Collector Office. These documents are obtained typically within 8- 10 weeks.
The Municipal Corporation Records are obtained by making application to the Building Proposal
Department of the Municipal Corporation. These documents are obtained typically within 8- 10
weeks.
In case it is difficult to obtain the Land Revenue Records & Municipal Corporation Records,
Right to Information (RTI) may be invoked.
The Society Records are obtained from Society Office & the Professional Certificates are
obtained from Professionals.
Following Documents are required to be prepared.
 Deemed Conveyance Application- Form VII
 Synopsis of the Case
 Vakalatnama
 Roznama
 Society Special General Body Resolution
 Letter of Authority
 Affidavit by Authorised Representative
 Affidavit by Society Secretary
 List of Society Members including their Flat/ Shop Agreement Details
During the Documentation Stage, a Legal Notice is to be sent to the Land Owners & Property
developers.
The complete set of the above Documents is to be annexed with the Deemed Conveyance
Application- Form VII & to be filed in a neat & tidy manner.
The complete Deemed Conveyance Application- Form VII is to submitted to the Competent
Authority- The District Deputy Registrar of Co- Operative Societies of the particular District.
The Documentation Stage from beginning to submission of Deemed Conveyance Application-
Form VII can be successfully completed within 90 to 120 days.

Documents Required for Deemed conveyance
List of Documents Required for Deemed Conveyance
A. Land Revenue Records
 Property Card
 City Survey Plan
 7/12 Extract
 Village Form No. 6
 K. J. P.
 N. A Order
 U. L. C Order
 Latest Property Tax Paid Receipt
 Latest N. A. Tax Paid Receipt
B. Municipal Corporation Records
 Intimation of Disapproval (IOD)
 Commencement Certificate
 Approved Layout Plan
 Approved Building Plan
 Building Completion Certificate
 Occupation Certificate
C. Society Records
 Copy of Society Registration Certificate
 List of Members & their Share Certificate Details
 Copies of Registered Agreements for all Flats/ Shops with Stamp Duty & Registration
Receipts along with Index II of all the Registered Agreements
D. Property Developer/ Promoter Records
 Registered Partnership Deed of the Partners of the Property Developer Firm
 Registered Development Agreement/ Conveyance Deed between Land- Owners &
Property Developer
 Power of Attorney given by Land- Owners to the Property Developer
 Will & Probate Copy, in case the Development Agreement is signed by Legal Heirs of
Land- Owners

 Death Certificate of Land- Owners, wherever necessary
E. Professional Certificates
 Architect’s Certificate – From an Architect
 Last 30 Years Search Report
 Title Certificate – From an Advocate
Legal Case for Deemed Conveyance
On receipt of the Deemed Conveyance Application- Form VII, the Office of Competent
Authority issues the Deemed Conveyance Scrutiny Report- Form VIII within about 1 month.
When compliance is given to the Scrutiny Report the Office of Competent Authority issues
Summons & Newspaper Notices to the Land Owners & Property Developers for appearing for
the hearing.
It is essential to record the say of the Land Owners & Property Developers if they appear before
the Competent Authority for hearing. During the hearings the written replies, arguments, written
arguments of the Land Owners & Property Developers are recorded. During the hearings the
rejoinders, arguments & written arguments of the Society are also recorded. The hearings are
typically concluded within 3- 4 months & the Deemed Conveyance Application file is closed for
order.
After the file is closed for order, the Office of Competent Authority issues the Deemed
Conveyance Order within 1 month.
The Legal Case for Deemed Conveyance is a time bound activity & is typically completed
within 6 months.
Registration of Deemed Conveyance
On receipt of the Deemed Conveyance Order, the Deemed Conveyance Deed between the
Competent Authority & the Society is prepared. The Competent Authority appears in the Deed
on behalf of the defaulting Land Owners & Property Developers.

The Deemed Conveyance Deed is submitted to the Office of Competent Authority for Approval
& their Signature with Authority Stamp & Seal.
The Special General Body of the Society is called to approve the Deemed Conveyance Deed &
to nominate 3 Members of the Society to sign the Deed.
The Deemed Conveyance Deed is executed by the signature of the Competent Authority & the
signatures of the 3 nominated Members of the Society.
On execution of the Deemed Conveyance Deed, it is forwarded to the District Stamp Office for
Adjudication. If all the Members of the Society have paid the Stamp Duty on their respective
Flat/ Shop Agreements & there is no balance FSI, the Deemed Conveyance Deed attracts only
Rs. 100/- Stamp Duty. The Stamp Office issues the Adjudication Certificate.
On receipt of the Adjudication Certificate, the Society pays the required Stamp Duty & gets the
Deemed Conveyance Deed Franked from local Bank.
After Franking of the Deemed Conveyance Deed, the same is submitted to the Registration
Office for Registration. The Registration Office issues a notice to the Land Owners & Property
Developers to verify whether they have received any Stay Order from Proper Court against the
Deemed Conveyance Order.
The Proper Court for issuing the Stay Order against the Deemed Conveyance Order is High
Court. It is very difficult for the Land Owners & Property Developers to obtain the Stay Order
from High Court against the Deemed Conveyance Order.
If there is no Stay Order received, the Registration Office Registers the Deemed Conveyance
Deed. The Competent Authority is exempted from appearing for the Registration & hence the 3
Members nominated by the Society only appear for Registration.
After Registration of the Deemed Conveyance Deed, the Registration Office issues the Scanned
Document & Index II typically within 15 days.
The complete Procedure of Registration of Deemed Conveyance Deed is typically completed
within 3- 4 Months.
On receipt of the Index II, the Registration Process of the Deemed Conveyance Deed is
successfully completed & the Society becomes the owner of the Land & Structure.

Transfer of Property after Deemed
Conveyance
On completion of the Registration of the Deemed Conveyance Deed & receipt of the Index II,
the photocopies of the same are submitted along with relevant Applications to various
Government Departments like City Survey Office, Tahasildar/ Talathi Office, District Collector
Office & Municipal Corporation Office for change of Mutation entries in the Land Revenue
Records & Property Tax Bills.
On receipt of these Applications the Government departments effect the change of Mutation
entries in the Land Revenue Records
On completion of the change of Mutation entries, the Land & Structures are transferred in favour
of the Society.
Deemed Conveyance & ReDevelopment
It is commonly observed that the Deemed Conveyance activity logically extends to the
ReDevelopment of the Society. However some cautions are required to be exercised while
handling both these procedures simultaneously.
The Society may consider the beginning of ReDevelopment Procedure after filing the Deemed
Conveyance Application before the Competent Authority.
The Society may consider Memorandum of Understanding (MoU) with the incoming Property
Developer after receipt of the Deemed Conveyance Order from the Competent Authority.
The Society may consider Development Agreement (DA) with the incoming Property Developer
after Registration of Deemed Conveyance Deed & Receipt of Index II.
The Society may consider Power of Attorney to the incoming Property Developer on change of
Mutation entries in the Land Revenue Records.

CO-OP. SOCIETY AUDITING & ACCOUNTING SERVICES &
RETAINERSHIP FOR CO - OP. SOCIETY
Eminent consultant and subject experts will guide the participants during the camp and personally
visit to your society. SINGLE WINDOW OF SOLUTION FOR VARIOUS GRIEVANCES
for all members can contact
Mr. Shivaji B. Mahanvar , B.Com,LL.B(G),DLL&LW,GDC&A,DCBM
(Properietor M/s S. B. Mahanvar & Co.)
Off : Shop No.11, Anmol Terrace, Opp. Lokmanya Tilak Engg. College, Sector 5, Koperkhairne, Navi
Mumbai – 400 709 Mobile: 9769685920 / 9594373104 Email : sbmahanvarin@gmail.com
Website:www.sbmahanvarin.com

deemed conveyace

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