Deemed Conveyance: Why Your Housing Society Cannot Afford to Delay

Thousands of housing societies across Maharashtra still do not have conveyance of land and building in their favour, even years after their members took possession of their flats. This is primarily because many developers — after selling all units — failed or refused to execute a formal conveyance deed in favour of the society.

Without conveyance, a housing society cannot claim clear legal title over the land it sits on. This affects the society's ability to redevelop, mortgage common assets, or protect its land from adverse claims.

The Maharashtra Ownership Flats Act, 1963 (MOFA) provides a remedy through Section 11, which enables a housing society to apply for Deemed Conveyance to the District Deputy Registrar (DDR). The DDR has the authority to issue a certificate of Deemed Conveyance in favour of the society, even without the developer's cooperation.

For a society to be eligible, it must have been registered as a Co-operative Housing Society and should have passed a special resolution authorising the application. The application is filed before the DDR along with a comprehensive set of documents including the society's registration certificate, all individual flat agreements, index copies, the original layout plan, and evidence of the developer's failure to convey.

The DDR conducts hearings — typically issuing notice to the developer — and upon satisfaction of the society's entitlement, issues an order of Deemed Conveyance. This order is then presented to the Sub-Registrar office for registration. Once registered, the society holds clear title to the property.

The process can take anywhere from six months to over a year depending on the volume of cases before the DDR office and the completeness of the society's documentation. Proper preparation of the application and accompanying documents is critical to avoiding delays.

Tarte Consultants Pvt. Ltd. has completed over 250 Deemed Conveyance cases. Contact us for a preliminary assessment of your society's eligibility — no consultation fee applies.