We invest our hard earned money while purchasing Flat / Row house/Shop / Office in a Society. It is better to check whether Conveyance Deed of the Society Land is executed. It is legally important that particular Society should get their Conveyance Deed registered and enter its name on the Revenue Record i.e. 7/12 extract or Property Card etc. It is a mandatory by Law and it avoids future litigations in the said property. It is also necessary to have clear Title of Property / Land before going for Redevelopment of the Property.

Conveyance of any Property is transferring the ownership Rights and Title of that Property from the Seller to the buyer. A Co- Operative Housing Society formed by Flat Purchasers/Owners under the provisions of Maharashtra Co- Operative Societies Act, 1960. Society becomes a buyer and Land Owner / Property Developer is seller. Conveyance is a process of transferring the rights, title and ownership of the land and building from the Land Owner / Property Developer to the Co-Operative Housing Society.

We have invested extensive time for Redevelopment Projects in Pune and found. More than 70% of the Co-operative Housing Societies have not received the Conveyance of land and building in their favour from the Builder/Developer.

Government has taken lot of efforts to create awareness and amendments were to be carried out in the Maharashtra Ownership Flats Act, 1963 under the support of a Competent Authority to hear the grievances on Conveyance by the Societies or other legal bodies in 2005.

In June 2008, the necessary notifications were issued by the Government of Maharashtra designating the DDR(District Deputy Registrars of the Co-operative Societies) as the Competent Authorities under the MOFA, 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 following Flow Chart will give more clarity on Deemed Conveyance Process.

Step 1:
Housing Society Going for Deemed Conveyance which have not received
Conveyance from Land Owner & Property Developer
Step 2:
Said Society makes a Deemed Conveyance Application to the Competent Authority designated by Government of Maharashtra along with Documents (as per List given below) & prescribed fees/ Court fees
Step 3:
Competent Authority to verify Documents from his officials or the Authorized officer and obtain the report to that effect.
Step 4:
Enquiries if any will be conducted and spot visit will be done by officials of Competent Authority or his authorized officer and admit the application for conveyance.
Step 5:
Competent Authority will issue Notice to Promoter/ Opponent and other interested parties on the said land and building.
Step 6:
Hearing to be conducted by Competent Authority.
Step7 :
Submission of Written Arguments by the opponents/ Builder / Land Owner and other
Step 8 :
To hear the other parties on the documents produced by the party as per the directions of the Competent Authority and to decide on the same by the competent authority based on written submission and the oral arguments made by all the parties.
Step 9:
Public Notice will be issued as per the Order of competent Authority in two local News papers of which one shall be in Marathi at the cost and expense to be incurred by the applicant at the cost of Builders/ opponent.
Step 10:
Relevant Documents which are required by the Competent Authority to ascertain the authenticity of the Application and to arrive at the Final Decision about granting the conveyance shall be obtained by the Competent Authority through authorized officer at the cost and expense of the Society.
Step 11:
Selection of Draft conveyance deed from the authorized officer appointed by the competent authority. Get Professionals to Draft the Conveyance Deed.
Step 12 :
To admit any person as intervening party in response to Public Notice or who claim to interested parties against the application and decide about the same by the competent authority
Step 13 :

Interested party to file its say and also deliver a copy to the applicant and all other parties made in the application.

Step 14:
Receive the written reply from the Applicant and other opponents based the submission made by the interested party in response to Public Notice
Step 15:
Oral Arguments of the applicant, Opponents and the interested parties on the submissions made by each of them and to submit the necessary documents in support of their arguments.
Step 16:
Verbal Order and Certificate of Deemed Conveyance to be issued by Competent Authority or verbal order for rejecting the application.
Step 17:
Competent Authority to Appoint and Authorized officer to execute the Conveyance deed and register and admit the execution before the sub- registrar of assurance at the time of registration of the same.

Deemed Conveyance order shall be passed or Application for the same to be rejected within a period of 6 months from the date of receipt of application by the competent authority subject to receipt of relevant documents.

List of Documents required for Deemed Conveyance (Download Pdf)
  1. Resolution & Notice to Builder
  2. Development Agreement
  3. Power of Attorney
  4. Layout Plan (Blueprint)
  5. Commencement Certificate,
  6. Completion Certificate,
  7. 7/12 Extract
  8. Search Title Report
  9. N.A. Order & U.L.C Order
  10. Single copy of an Agreement (First Buyer)
  11. All Index- II of all flats/shops
  12. Architect Certificate of Area
  13. Society Registration Certificate