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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