DEEMED CONVEYANCE OF SOCIETIES IN MUMBAI, NAVI MUMBAI, THANE AND PUNE :

You have purchased the Flat and residing in the said building since long back. But did you asked the one question to yourself- Are you owner of the land on which your building is situated. If you are residing in Building/Co-operative Society it is must for you to understand concept of Conveyance Deed and Concept of Deemed Conveyance. 

BASIC CONCEPT OF CONVEYANCE OF LAND SHOWING NEED OF DEEMED CONVEYANCE OF SOCIETY:

Imagine there is a

• land of 5 acres on which your society is situated.
• Building Construction by the Builder – Total 2 Acres as per the present FSI allowed by the Government.
• Suppose said land still have 1 acres of unused FSI or After 5 years of construction Government declared additional FSI.
• Now question who will be the beneficiary of the above unused FSI or additional FSI declared by the Government??????

You will definitely think my Society will use as we are all purchaser who are occupying the land right now. But No…..Answer is builder/Developer/Land owner as you still did not signed any Conveyance Deed with Builder and you are not at all owner of the land on which said building is erected.

DEEMED CONVEYANCE MEANING :

Once the construction of building is over, its a duty of Builder/Developer to form Co-operative Society of all the flat purchaser and Handover the land of the Society to Society by way of execution of Conveyance deed. After the expiry of 4 months of formation of the Co-operative Society, the land and building is deemed to have been conveyed to the Co-operative Society. Problem appears where Builder refused to Covey the land to the Society. Due to such incidents concept of Deemed Conveyance came into existence.

When Builder/Developer refuse to agree for conveyance of the land, in order to bring the name of the society/ legal body in the revenue record, a Competent Authority has been designated i.e District Deputy Registrar (DDR), who will hear the parties on the basis of applications received from the aggrieved party (Society) with help of deemed conveyance lawyer and decide the matter. In case the Competent Authority is satisfied that the society/legal body is entitled to get the conveyance of land and building, an appropriate order in favor of the society/legal body will be passed.

After getting the favorable order from the Competent Authority, the society/legal body should prepare a unilateral conveyance deed along with deemed conveyance order and get the same registered with the sub-registrar of assurance after paying appropriate deemed conveyance stamp duty. Getting the title of land and building by adopting the above procedure is known as a deemed conveyance.

DEEMED CONVEYANCE MEANING IN MARATHI :

एकदा इमारतीचे बांधकाम पूर्ण झाल्यावर बिल्डर / विकसकाचे कर्तव्य आहे की त्यांनी सर्व सदनिका खरेदीदारांची सहकारी संस्था तयार केली आणि सोसायटीची जमीन सोसायटीला हस्तांतरित करणे. बिल्डरने सोसायटीला जमीन अभिहस्तांतरण करण्यास नकार दिला तेथे समस्या उद्भवली जाते. अशा घटनांमुळे डीम्ड कन्व्हेयन्सची संकल्पना अस्तित्वात आली.

जेव्हा बिल्डर / विकसकांनी जमीन अभिहस्तांतरण करण्यास नकार दिला, तर महसूल रेकॉर्डमध्ये सोसायटी चे नाव आणण्यासाठी, सक्षम प्राधिकरण नियुक्त केले गेले आहे, म्हणजेच जिल्हा उपनिबंधक (डीडीआर), जे पक्षांचे म्हणणे ऐकतील. डीम्ड कन्व्हेयन्स वकीलाच्या मदतीने आणि प्रकरणाचा निर्णय घेण्याबाबत पक्षाकडून (सोसायटी) प्राप्त झालेल्या अर्जाचा आधारे  जर सक्षम प्राधिकरण समाधानी असेल तर जमीन / इमारत अभिहस्तांतरण साठी सोसायटी / संस्था पात्र आहेत, तर सोसायटी / संस्था यांच्या बाजूने एक योग्य आदेश पारित केला जाईल.

सक्षम प्राधिकरणास अनुकूल आदेश मिळाल्यानंतर सोसायटी / संस्थेने डीम्ड कन्व्हेयन्स ऑर्डरसह एकतर्फी कन्व्हेयन्स डीड तयार केले पाहिजे आणि योग्य डीम्ड कन्व्हेयन्स स्टॅम्प ड्युटी भरल्यानंतर सब-रजिस्ट्रारकडे नोंदणी करावी. उपरोक्त कार्यपद्धतीचा अवलंब करुन जमीन व इमारतीचे हक्क मिळवणे यास अभिहस्तांतरण (डीम्ड कन्व्हेयन्स) असे म्हंटले जाते .

DEEMED CONVEYANCE MEANING IN HINDI :

एक बार जब बिल्डिंग का निर्माण समाप्त हो जाता है, तो बिल्डर / डेवलपर का कर्तव्य बनता है कि वह सभी फ्लैट खरीददार की सहकारी समिति का गठन करे और कन्वेयन्स डीड के निष्पादन के द्वारा सोसाइटी की भूमि सोसाइटी को सौंप दे।  समस्या यह प्रतीत होती है कि बिल्डर ने सोसायटी को भूमि को देने से इनकार कर दिया। इस तरह की घटनाओं के कारण डीम्ड कंजवेन्स की अवधारणा अस्तित्व में आई।

जब बिल्डर / डेवलपर ने महसूल के रिकॉर्ड में सोसइटी का नाम लाने के लिए जमीन के लिए सहमति देने से इनकार कर दिया, तो एक सक्षम प्राधिकारी को नामित किया गया है यानी जिला उप पंजीयक (DDR), जो पार्टियों को सुनेंगे डीम्ड कन्वेंशन वकील की मदद से सोसाइटी से प्राप्त आवेदनों के आधार और मामले को तय करने के लिए। यदि सक्षम प्राधिकारी संतुष्ट हो जाता है कि सोसायटी भूमि और बिल्डिंग का अभिहस्तांतरण पाने का हकदार है, तो कानूनी निकाय के पक्ष में एक उचित आदेश पारित किया जाएगा।

सक्षम प्राधिकारी से अनुकूल आदेश प्राप्त करने के बाद,  सोसायटी को डीम्ड डायरेंस ऑर्डर के साथ एक एकपक्षीय विलेख तैयार करना चाहिए और उचित स्टांप ड्यूटी का भुगतान करने के बाद आश्वासन के उप-पंजीयक के साथ पंजीकृत होना चाहिए। उपरोक्त प्रक्रिया को अपनाकर भूमि और बिल्डिंग की उपाधि हक्क करना अभिहस्तांतरण (डीम्ड कन्व्हेयन्स) कहा जाता है।

References and more to read :

• फ्लॅट धारकांनो जमिनीचे मालक व्हा 

• A BIG RELIEF FOR FLAT OWNERS AND SOCIETIES APPLYING FOR DEEMED CONVEYANCE

• जागे व्हा आणि सोसायटीच्या नावे जागेचा सातबारा उतारा (कन्व्हेयन्स) करून घ्या.
• Flat holders own land! Go for ‘Deemed conveyance’!
• MISLEADING NEWS DEEMED CONVEYANCE CANCELLED

PROCEDURE FOR DEEMED CONVEYANCE :

Deemed Conveyance Procedure In Mumbai and deemed conveyance procedure in thane are same. Deemed Conveyance is a one of the legal process to get the conveyance of land and building in favor of the legal bodies. Once the Deemed conveyance is passed by the Competent Authority, unilateral conveyance deed as provided in MOFA will be executed by the society/legal body as per the order received from the competent Authority. Further, the same will be registered by paying appropriate stamp duty and registration charges.

There is no appeal against the deemed conveyance order passed by the Competent Authority. However, the aggrieved parties can file a writ petition in the High court or in the Supreme Court under Article 226 of the constitution. Once the deemed conveyance order with Unilateral conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the legal body in the 7/12 extracts or in the property card.

Contact our deemed conveyance consultant for Deemed Conveyance Procedure In Mumbai and deemed conveyance procedure in thane and deemed conveyance of housing society.

DOCUMENTS REQUIRED FOR DEEMED CONVEYANCE  :

DOCUMENTS REQUIRED FOR DEEMED CONVEYANCE IN MARATHI :

१. ७/१२ चा उतारा आणि गाव नमुना ६ (फेरफारच्या नोंदीसह)
२. मालमत्ता पत्रिका
३. कृषितर आदेश
४. बांधकाम सुरु करण्याचे प्रमाणपत्र
५. बांधकाम समाप्ती प्रमाणपत्र
६. भोगवटा प्रमाणपत्र
७. सदनिका करेदीदाराची यादी
८. मुद्रांक शुल्क प्रदान केल्याची पुरावा
१०. नोंदणी , इत्यादींचा पुरावा

Other than the above list of documents required for deemed conveyance, the office may ask for additional documents which depend upon circumstances.

DEEMED CONVEYANCE ONLINE :

Following is the step by step procedure for deemed conveyance online :

Please click here for deemed conveyance application form

Please note that there is a facility to do an online deemed conveyance application online and the rest of the procedure is offline.

DEEMED CONVEYANCE STAMP DUTY PAYMENT :

For state of Maharashtra deemed conveyance stamp duty will be only Rs.100, if all the flat owners have paid the stamp duty and have done the registration of their respective flats including on all the transactions (Chain of Agreements) done in those flats. In case there are some flat owners who have not paid the stamp duty on their flat purchase agreement or has escaped the duty, the same will have to be paid at the time of deemed conveyance registration by the Co-operative Society and the same can be recovered from such defaulting flat owners.

CONSTRUCTION IN PHASES AND CONVEYANCE DEED FROM BUILDER TO SOCIETY :

In case of layout plot, the provision for part conveyance is already in existence on a proportionate basis. There are many complexes where the conveyance has been done for one of the societies in a layout plot. There are many deemed conveyance case laws to provide part conveyance to one of the societies in layout plot.

It has been clearly pointed out that in case of layout plot, the Co-operative Society will be entitled to get the proportionate undivided rights, title and interest in the layout plot based on the FSI/TDR used for the respective building out of the total development potential of the entire layout plot as on the date of conveyance of the land and the building and as per the disclosure made by the builder.

In case the builder has not disclosed the same, the entire balance FSI/TDR will be transferred to theCo-operative Society proportionately otherwise it will be available to the builder.

DEEMED CONVEYANCE WITHOUT OC :

DEEMED CONVEYANCE OF SOCIETY :

Normally, the aggrieved party has to make the application to the competent Authority in the prescribed form with documents available against the builder, if he fails to convey the land and building to the legal body within 4 months of its formation.The Competent Authority shall scrutinize the application, collect the documents from the promoter/ builder or from the authorized  officer appointed by him and get the application admitted.

After the admission of the application, the Competent Authority shall conduct the hearing and then take the appropriate decision, whether the applicant or the legal body is a fit case for granting the deemed conveyance. If he passes a favorable order, then he appoints an authorized officer, who shall execute the conveyance deed.

DEEMED CONVEYANCE CHARGES

CONVEYANCE DEED MEANING :

When buying or selling any property you will have obtained the various legal documents required to prove ownership of that property. A Conveyance Deed is a document that is required when transferring ownership of property from one person to another.

To Become Legal Owners:
Any movable/immovable property ownership is identified on the basis of title documents for example; immovable properties are recorded and identified on the basis of Survey No., Hissa No. and such other identity marks in Government Records like 7/12 extract property card etc in favour of purchasers, then only, the purchaser become the legal owner.

To make entries in Government Records:
When the property transactions are recorded in Government records, it becomes conclusive evidence of ownership of property. To make entries in Government records, a Conveyance Deed has to be executed as explained above.

To have free and marketable title:
When a particular person/Society has paid full consideration and is in possession of the property but the title documents are continued in the original owners’ name, the purchaser will not have a free and marketable title on the said property. It is only after proper conveyance – the purchaser will derive free and marketable title over the property.

Please click here for conveyance deed format. conveyance deed format will give you complete idea about the clauses imparting rights of conveyance.

Following are the advantages of getting the conveyance of land and building in the name of the legal bodies.

1. Getting the proper title
2. Retaining Additional F.S.I which has been granted by change of regulations.
3. Property will be free and marketable from any encumbrances/ charges
4. Loan can be raised by Mortgage for repairing of the buildings.
5. Permission for reconstruction will be given by the planning authorities.
6. Construct new building by using TDR or give the redevelopment rights to the builder and get the additional area and the corpus with new amenities.
7. Receive Compensation on Development like Hoarding rents, tele communication tower rent etc.

Most of the DDR offices in Maharashtra do the procedure of deemed conveyance in marathi and the same is beneficial and easy to understand for everyone.

There are basically two types of rights attached to the land on which building is constructed and then the society is formed of the flat/shop takers. First is the Freehold property and the other is leasehold property. The documents to be prepared to get the title in favour of the society depends upon the type of property on which the building is constructed. Normally the type of document whether lease rights or freehold of the land will be conveyed to the legal body will be mentioned in the agreement for sale executed by the builder with the individual flat purchasers.

1. PREPARATION OF CONVEYANCE DEED AND EXECUTION THEREOF:

On behalf of the Society, the Managing Committee has to enter into the conveyance deed of the society. The Committee shall examine, in consultation with the Solicitor or the Advocate of the Society, the deed of the conveyance of the land and the building/buildings thereon prepared by the builder and place the same before the Meeting of the General Body of the Society for its approval. On approval of the draft deed by the General Body Meeting of the Society, the committee shall execute it.

2. PAY THE APPROPRIATE STAMP DUTY ON CONVEYANCE DEED:

Once the conveyance deed for society is prepared and executed, the same should be send to the collector of stamps for payment of stamp duty and the deemed conveyance stamp duty is calculated as under:

• In case of the agreement for sale registered with the sub-registrar by the flat owners, the market value as on the date of registration of the document will be worked out and the stamp duty rate will be applied as on the date of execution of the conveyance deed.
• In case the agreement is not registered, the stamp duty on the present market value will be calculated for such flats/shops.
• In case of co-operative housing societies, as per the explanation given in Article 25 of the Schedule I of the Bombay Stamp Act, 1958, if the flat purchasers have paid the stamp duty at the time of their individual agreement, the same would be adjusted at the time of final conveyance. Therefore, the society need not pay separate stamp duty at the time of conveyance.

However, if some flat/shop owners have not paid or have paid less than the required stamp duty, the difference will have to be paid at the time of executing the conveyance.

3. REGISTRATION OF CONVEYANCE DEED :

• Once the conveyance deed is executed and proper stamp duty is paid, the same should be lodged for registration with sub-registrar of assurance within four months from the date of execution by the parties who have executed the document. They are also required to appear before the Sub-Registrar for admitting execution of the document.
• Changes in the government records
  After the conveyance deed is executed in favour of the society, the office bearers will have to apply to the Talathi/ Revenue Officer or to the city survey office for making necessary changes in the revenue record. There are prescribed forms to be filled for making necessary changes. Even the land owner will have to give consent for making changes in the revenue record. Accordingly, after making such changes, the property card or 7/12 extract, form 6 extracts of revenue record will be given in the name of the society.

4. DIFFERENCE BETWEEN CONVEYANCE AND DEEMED CONVEYANCE: 

The primary difference between conveyance and deemed conveyance is that, Conveyance is right of ownership of the building and the plot on which the society building is built. Deemed conveyance is the right of ownership obtained through the competent authority appointed by the state if the Builder/developer doesn’t give it. The difference between conveyance deed and deemed conveyance is also same.

Since most of the citizens and housing societies are unaware of deemed conveyance procedure therefore all the DDR offices directed their staff to conduct deemed conveyance drive in entire Maharashtra to spread awareness about the importance of Deemed conveyance and meaning of deemed conveyance, so that they go for their society deemed conveyance.

CONTACT NUMBERS OF DISTRICT DEPUTY REGISTRAR AND COMPETENT AUTHORITY(DEEMED CONVEYANCE)

DEEMED CONVEYANCE GR 2020

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DEEMED CONVEYANCE- FAQ