What Is Deemed Conveyance?
In simple legal terminology, the deemed conveyance meaning can be explained as the transfer of right, title, and interest of the land or building in the name of the housing society. In the regular conveyance, the Promoters (construction builder, landowner, or developer) willingly or voluntarily give the conveyance. The standard conveyance deed has to be executed between the promoters and the housing society. Still, it has been noticed in many of the cases that the builders or landowners are not ready and willing to execute the deed. In such instances, the Maharashtra Government has given the right to the Competent Authority under the MOFA deemed conveyance (Maharashtra Ownership Flat Act) to sign the conveyance deed on behalf of landowners and developers. This is called 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.
Deemed Conveyance is the transfer of right, title & interest of the land/building in the name of the Housing Society.
MOFA Act (Maharashtra Ownership Flats Act,1963), Maharashtra Government has given the right to the Competent Authority to sign the ‘Conveyance Deed’ on behalf of Land Owners & Developers.
Why Is Deemed Conveyance Important?
Under the provision in the Maharashtra Ownership Flats (MOFA) Act, the land is deemed to be conveyed to the CHS (co-operative housing society) or the legal body after the four month-period of formation of the housing society. It is legally registered and maintained in the revenue records. The importance of deemed conveyance or transferring the title from the Promoters to the Co-operative Housing Society cannot be overstated. There have been instances in urban and rural parts of the state where the Promoter or builder has sold the terrace, common areas, amenities, and parking space to a third party without knowing the flat owners or the legal body. Seeing a rise in such instances and a slew of complaints from the flat owners and CHS, the Government assigned a dedicated department within the land records team to hear, address and issue deemed conveyance to the legal body.
The legal body or CHS needs to procure the necessary documents required for deemed conveyance before proceeding to the deemed conveyance online application.
The Difference between Conveyance Deed and Deemed Conveyance
Many lands or flat owners get confused between Conveyance Deed and Deemed Conveyance and which one of these two apply to them or the legal body such as a Co-operative Housing Society. There is only one main difference between the two: whether the Promoter or builder is willing to cooperate with the flat owners or CHS.
Conveyance Deed – In the regular case, the Promoter/Developer/Builder prepares a conveyance deed and executes the same by appearing before the Sub-Registrar for admitting the signature. In such a scenario, the flat owners/legal body or the Co-operative Housing Society gets the conveyance without any hassle, with full cooperation from the promoters.
Deemed Conveyance – As you may have guessed by now, if the promoters are absconding or unwilling to cooperate with the flat owners, the legal body has to approach the Competent Authority for a conflict resolution. Once the Competent Authority has heard the arguments of the parties involved, the necessary order of conveyance is passed. The entire deemed conveyance procedure can be completed online, provided that the CHS or the legal body has all the required documents.
Deemed conveyance: Latest updates
State co-operative department initiates awareness drive on deemed
conveyance
The Maharashtra cooperative department in the beginning of 2021, initiated a drive among housing societies, to spread awareness about deemed conveyance. The drive was supported by the Pune District Cooperative Housing Society Association. In January 2021, about 200 applications for deemed conveyance were submitted by registered co-operative housing societies in Pune. There are about 18,000 registered cooperative housing societies in the city and over one lakh across the state. The registrar of cooperative housing societies received 574 applications in the state. Around 14,376 cooperative housing societies had obtained deemed conveyance, while over 70,000 housing societies were still to receive the deemed conveyance.
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DEEMED CONVEYANCE
Deemed Conveyance is the transfer of right, title & interest of the land/building in the name of the Housing Society.
As per the MOFA Act (Maharashtra Ownership Flats Act,1963), Maharashtra Government has given the right to the Competent Authority to sign the ‘Conveyance Deed’ on behalf of Land Owners & Developers.
CONVEYANCE DEED
A conveyance deed is a process to acquire ownership of the land with the consent of the Developer.
Under Section 10 of the Maharashtra Ownership Flats Act, 1963 the Promoters/Developers are required to form a society within 4 months from the date on which a minimum number of persons required to form such organization have taken premises/flats.
SOCIETY FORMATION
As per the Maharashtra State Cooperative Society Act, 1960 it is the duty of the Builder/Developer to form society & hand over the Account & Documents to Provisional Working Committee (PWC).
Society Formation deals in two ways, with the consent of the Builder & without the consent of the Builder e., Flat purchasers can apply for registration of Cooperative Housing Society under Non-cooperation.
