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BUILDER’S HANDOVER PROCESS

BUILDER’S HANDOVER PROCESS

The date of handover from builder to the registered owners association is an important day for new apartment owners and all residents. It has to be taken seriously and detailed due diligence must be done when interacting with the builders during this handover process. Once the formal handover to the Owners Association is completed, the onus is on the association to run the affairs of the society and to ensure its smooth functioning. The association must be prepared for this day for 3+ months leading to this event.

It is recommended that owners collaboratively engage with the builder right from late construction stages that will help them to take-up this responsibility in future. The builders can also reach out to representatives from the owners group to assist in the selection of maintenance agency which prepares them for the handover process.

Based on our experience in interacting with various builders and associations, we have collated a check list that associations can use when in dialogue with the builder on the handover process:

1. Get approved building plan which includes block-wise and floor-wise details

2. Collect the Completion Certificate which ensures adherence of the approved plan

3. No Objection certificates from pollution, fire, water and electricity authorities

4. Hard copy and soft copy (in CD) of all approved engineering drawings; look for approval seal on the drawings

5. Registration and parent documents

6. Drainage, sewage, Fire protection and common area power layout drawings

7. Car parking layout drawings (with numbering)

8. Asset Inventory of all movable and immovable equipment purchased; numbered in order (list needs to be exhaustive)

9. Record of recent service history on key equipment’s like lifts, DG sets, STP and WTP

10. AMC and warranty details; Original bills of equipment purchased (motors, Sewage and Water Treatment Plant, Generators, Gym items like treadmill)

11. Lift license details and next renewal date

12. STP/WTP vendor details, plant layout, operation manual and drawings

13. Receipts of property, electricity and water payments paid

14. Handover of corpus amount to the association

15. Share recent expenses incurred on various maintenance activities and account heads; will assist to budget coming year (staff salaries, purchase of cleaning material, swimming pool maintenance etc)

16.Contract signed with maintenance agency; agreed SLAs

17. Insurance taken for assets and third party lift insurance

18. Audited account statement at the time of handover

19. Arrange for introductory meeting with important suppliers and vendors

By |October 26th, 2020|BUILDER’S HANDOVER PROCESS OF SOCIETY|Comments Off on BUILDER’S HANDOVER PROCESS

Registration of Deemed Conveyance in Thane

Registration of Deemed Conveyance in Thane

On receipt of the Deemed Conveyance Order, the Deemed Conveyance Deed between the Competent Authority & the Society is prepared. The Competent Authority appears in the Deed on behalf of the defaulting Land Owners & Property Developers.

The Deemed Conveyance Deed is submitted to the Office of Competent Authority for Approval & their Signature with Authority Stamp & Seal.

The Special General Body of the Society is called to approve the Deemed Conveyance Deed & to nominate 3 Members of the Society to sign the Deed.

The Deemed Conveyance Deed is executed by the signature of the Competent Authority & the signatures of the 3 nominated Members of the Society.

On execution of the Deemed Conveyance Deed, it is forwarded to the District Stamp Office for Adjudication. If all the Members of the Society have paid the Stamp Duty on their respective Flat/ Shop Agreements & there is no balance FSI, the Deemed Conveyance Deed attracts only Rs. 100/- Stamp Duty. The Stamp Office issues the Adjudication Certificate.

On receipt of the Adjudication Certificate, the Society pays the required Stamp Duty & gets the Deemed Conveyance Deed Franked from local Bank.

After Franking of the Deemed Conveyance Deed, the same is submitted to the Registration Office for Registration. The Registration Office issues a notice to the Land Owners & Property Developers to verify whether they have received any Stay Order from Proper Court against the Deemed Conveyance Order.

The Proper Court for issuing the Stay Order against the Deemed Conveyance Order is High Court. It is very difficult for the Land Owners & Property Developers to obtain the Stay Order from High Court against the Deemed Conveyance Order.

If there is no Stay Order received, the Registration Office Registers the Deemed Conveyance Deed. The Competent Authority is exempted from appearing for the Registration & hence the 3 Members nominated by the Society only appear for Registration.

After Registration of the Deemed Conveyance Deed, the Registration Office issues the Scanned Document & Index II typically within 15 days.

The complete Procedure of Registration of Deemed Conveyance Deed is typically completed within 3- 4 Months.

On receipt of the Index II, the Registration Process of the Deemed Conveyance Deed is successfully completed & the Society becomes the owner of the Land & Structure.

By |October 26th, 2020|Registration of Deemed Conveyance in Thane|Comments Off on Registration of Deemed Conveyance in Thane

Builder/ Promoter is not co-operating in registering the Co-operative Housing Society

BUILDER-NON COOPERATION CO-OPERATIVE HOUSING SOCIETY

If builder/promoter procrastinate in registering the Co-operative Housing Society, then in that case, the application for registration of society be submitted in Form 6 (Rule 12) before the authorized officer (District Dy. Registrar in the respective district, who have given power under Section 10(1) of the Maharashtra Ownership Flats Act 1963 (For making regulation for encouraging their constructions, their sale, management and transfer).

While submitting the said proposal, following documents are Necessary.

  • 7/12 extract of the land or property card.
  • Competent Authority Certificate regarding non-Agricultural land.
  • Order regarding applicable/non-applicable Land ceiling Act Map of the construction approved by the competent authority.
  • Letter of given permission for construction.
  • Completion certificate of Construction.
  • Development Agreement if the land is taken for development.
  • Power of Authority letter of the Land.
  • Copy of the Title search Report.
  • Agreement copy of the flat purchased.
  • Architect certificate regarding construction.
  • List of the Members.
  • Scheme of the Society.
  • Application regarding reservation of Name.
  • Minimum 10 Members shall necessary for the registration of the Society.
  • Application for registration of Society (A Form)
  • Table containing information of the society (B Form)
  • Table containing information of the members (C Form)
  • Statement of Accounts of the members (D Form)
  • Notarized guarantee letter of the chief promoter of society on the stamp paper of Rs. 100/-
  • Notarized Indemnity Bond of the members who applied for the registration of society on the stamp paper of Rs. 200/-
  • Affidavit of the Members (Minimum 10 promoters’ Affidavit)
  • Two copies of bye laws approved by the Commissioner, Co-operation and Registrar, Maharashtra State, Pune.
  • Bank balance statement of the promoter members who have deposited Rs.500/- each as a share and admission fee Rs.100/- in District 
  • Central Co-operative Bank after getting sanction for the reservation of name in district of Rs.2500/- paid as society Registration fee in the Government Treasure.

The proposal submitted after fulfillment of above mentioned documents, the competent authority by taking hearing, issued orders to the concerned officer for registering the society.

The scrutiny of the registration proposal submitted after fulfillment of documents as mentioned above and criterion will be done after taking into consideration the instructions in the circular/ directives regarding registration issued by the Government/ Commissioner, Co-operation. It is obligatory on the concerned Registrar to make registration by considering various provisions in the Act and Rules and instructions given in the circular/ directives.

By |October 24th, 2020|Builder/ Promoter is not co-operating in registering the Co-operative Housing Society|Comments Off on Builder/ Promoter is not co-operating in registering the Co-operative Housing Society

CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER

CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER

During the handover procedure it is important to record and file all details related to the process so that even if problems arise years later, all you need to do is look through this set of records and, accordingly, figure out what to do next.

The builder-residents society handover procedure needs to be structured, but that’s not where the process ends. There are a few things you should remember to check even after the builder hands over your society. 

1)Make sure all society related issues are recorded and filed: All defects that you find should be typed as a letter with a signed acknowledgement of the same from the builder, so he is obligated to fix them. All important e-mails should be printed and kept safely for future references.

2)Make sure you make good use of the builder provided warranty period: Builders generally offer a warranty period within which defects are to be pointed out and duly fixed.

3)Form a team of volunteers to check and cross check all formalities are done correctly: Apart from the Management Committee, it is recommended that you bring together a group of residents to volunteer in making sure all necessary documents have been collected and all required formalities have been done. (To learn what documents you need during society handover, read ‘Keep a Check on These When Builder Hands Over Your Housing Society’)

4)Get a community management software to help you keep a permanent track of records: Getting a society management portal will prove significantly helpful in the overall management of your community activities in the long run. (For example: CommonFloor Groups portal. With its many features such as Discussion, Complaints, My Dues, Issue Tracker, Documents repository this portal will serve as a platform to execute and manage community related activities effectively.)

5)Keep originals safely and copies separately with the Committee President: Make sure you keep originals of documents at a safe place such as the Association office and their copies with the Committee President which, when his tenure ends, are passed on to his successor.

6)Make sure you have all documents mentioned on the ‘Handover’ Checklist: Double check that you have all documents mentioned on the handover checklist in ‘Keep a Check on These When Builder Hands Over Your Housing Society’.

By |October 24th, 2020|CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER|Comments Off on CHECKLIST FOR HANDOVER OF SOCIETY FROM BUILDER

SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER

SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER

        The Registration process and requirements are governed by Maharashtra State Co-operative Society Act 1960.

        To Register Co-op. Housing Society, Minimum 10 member are required.

        Less than 10 members Societies are also Registered as per M. S. Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995. But such member’s flats should be less than 700 Sq.ft. Carpet Area

        As per M.S. Govt. Notification dated 24/07/1992 conditions for registrations are liberalized.

60 % of the Promoters are must be ready to form Co-op. Housing Society.

If flats are sold as per the Maharashtra Ownership Flats Act,1963 [MOFA] then it is the duty of the Builder / Developer to form society and hand over the Account + Documents to Provisional Working Committee [PWC] In this  case the builder become CP and other flat owners become Promoters for Registration purpose. This society registers under Co-operation.

When the builder is not registering society due to some reasons or not support to registered society then flat purchasers can apply for registration of Co-operative Housing Society under Non Co-operation. In this case one of the flat owners should be elected as CP for Registration purpose. In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society. Now all the case of Non Co-operation Registration decisions is given by District Deputy Registrar [DDR] then society is registered

All flat owners should hold meeting and elect Promoter. All power for Registrations, documentation etc. should be given to promoter. The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society

Appoint Consultant / Legal Advocate for registration and ask him to comply all requirements. All members together also can do work for registration.

For registration of Co-op. Hsg. Society the following documents should be filed to Dy. Registrar / Asst. Registrar of Co-operative Department area concern in order as follow:

  • Applications for Name to be reserved for Proposed Society’s
  • Form of resolution electing a CP and Promoter and giving them authority for doing certain acts on behalf of the proposed society
  • Notice to Builder
  • Application form “A”   
  • Information in Annexure ” A ” ” B ” ” C ” 
  • Bye-Law of the Society 2  copies
  • Details of Accounts Annexure ” D ” 
  • Bank Balance Certificate in Original 
  • Namuna 6
  • Agreement of 1 Flat 
  • Advocate Search Report  [Title Certificate]
  • Society’s Building Plan 
  • Lay Out Plan 
  • Sanction Plan from Authority 
  • Commencement Certificate 
  • Completion Certificate
  • Promoter’s Guarantee in form ” X ” On Rs. 100/- Stamp paper & notarized 
  • Guarantee in form” Y ” On Rs. 100/- Stamp paper & notarized 
  • Guarantee in form ” Z ” On Rs. 100/- Stamp paper  & notarized  
  • Latest 7/12 or City Survey Revenue Record of Land [not more than 1 month old] 
  • Promoters Affidavit On Rs. 100/- Stamp paper & notarized 
  • Indemnity Bond On Rs. 500/- Stamp paper & notarized 
  • NA Order
  • ULC Order
  • Development Agreement and Power of Attorney
  • List of Members in the society
  • Scheme/Yojana Form
  • Registration Fee Challan for Rs.2500 
  • Builder Non Co-operation form Z On Rs. 100/- Stamp paper & notarized if required 1 copy

On submission of above document the Dy./Asst. Registrar will go through the papers And document. If found OK he will make order for issue of Registration Certificate.

If any deficiencies are found then the applicant will be inform accordingly and documents will be corrected wherever necessary. When all papers are in order, he will issue order for issue of Registration Certificate.

Registration Certificate is issued with covering letter and Officer’s name is mentioned who will attend First General Meeting. Normally the Officer concern is not attending meeting. In absence, all members has to hold meeting and has to elect Provisional Working Committee [PWC] whose working period will be ONE Year.

After electing PWC  the member of PWC has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of Officer’s whose name is in Covering latter to Dy./Asst. Registrar. All Rule and Regulations, resolution and minutes which is written in AGM Register must be sign by Officer’s name is mentioned in covering letter it is the most important step.[Many society forget this which create problem latter] After First Annual General Meeting PWC is replaced with new Working Committee [WC] whose working period will be FIVE Year. The new WC election can conduct before PWC time over with proper election process. WC also has to submitted the M-20 bond on Rs. 100/- stamp paper with the sign of election officer to Dy./Asst. Registrar.

When application for Name reservation of Society has given, the Dy./Asst. Registrar give instruction to Open Bank Account in Dist. Central Co-op. Bank  The Account has to opened in the name of CP And deposit all money of Share Capital Contribution [per member Share Money is Rs. 50*10 = Rs. 500 i.e. 10 share of 50 rupees each] and Member ship Fees of  Rs. 100/- i.e. Per member you have to deposit Rs. 600/- in bank and obtain Bank Balance Certificate and submitted it to Dy./Asst. Registrar. After First Annual General Body Meeting the Bank Account has to transfer in the name of Society.For bank Account operation Chairman sign must and either Secretary and Treasurer. Expenditure has to be made as per provision of Bye-Laws. Bank and Cash Transaction [Collection and Payment are handled by Treasure when Billing Clerk or Accountant are not been kept.

By |October 23rd, 2020|SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER|Comments Off on SOCIETY FORMATION AND HANDOVER PROCESS BY BUILDER

DEEMED CONVEYANCE PROCEDURE FOR CHS BECOMES EASY

DEEMED CONVEYANCE PROCEDURE FOR CHS BECOMES EASY

The Maharashtra government has relaxed the terms for the deemed conveyance (DC)-ownership right of plot certificate from the builder, by bringing down the number of documents required from 12 to 8 and stipulating that DC will be given even if the society does not have an Occupation Certificate (OC) or the Building Completion Certificate (CC).

It is mandatory for land-owners or developers to convey the title of the plot within four months of the formation of the housing society. In many cases, the builders fail to convey the title of properties to the housing societies, in the hope of availing more floor space index (FSI) that may become available in future, or to avail the benefits accrued to them in case the property is redeveloped.

If the builder fails to convey the property, the Maharashtra Ownership Flats Act (MOFA) allows societies to apply for DC. However, having OC was mandatory and was insisted upon by the officials of the cooperative registrar’s office. OC is given only when the building is complete in all respects and has complied with the mandatory norms laid down by the government authorities to make it ready for occupation. Since most of the builders abandon the projects before complying with the norms and conditions, OCs are not given to the societies. Developers just hand over the possession and exit the project, leaving the residents high and dry.

However now, the DC will be issued even if housing societies have submitted such documentary evidence as the formation of the society or the payment of property tax by the society.

As per the GR issued on 22 June 2018, by the state cooperation department, it has been made mandatory for the registrar of cooperative societies to register documents of the applicants within a day. Besides, as per the Maharashtra Right to Public Services Act, 2015, the DC should be issued within six months. If an official fails to provide and approve it within the prescribed period, then he or she will be penalized between Rs500 and Rs.5,000/-

The applicants should submit the applications with a court fee of Rs2,000. In case the FSI has already been consumed, a certificate of an architect that the total FSI has been consumed would suffice. In addition, they have to give an indemnity bond stating that they will take responsibility for the building and adhere to all required rules and regulations. If there are more than one society on one plot, the details of proportionate area and ground coverage should be furnished.

The documents required for conveyance include society registration certificate, approved layout, 7/12 extract, sale deed of each flat owner or heir document, list of registered members of the society, occupation certificate, non-agriculture certificate of that particular plot and notice copy etc. In the absence of sale deeds of all members, the sale deed of even one member would be sufficient, states the GR.

While submitting the conveyance application and documents to the registrar, a copy of the same application also needs to be submitted to the stamp duty and registration department for its speedy approval. The applications will be accepted online as well as offline. The officials of the concerned department such as urban, cooperative, forest and revenue department will have to work in unison so that the applicants are not required to shuttle from one department to another.

The system of issuing DC was started three years ago. However, due to stringent conditions there was no response from cooperative societies. Commenting on the issue, Ramesh Prabhu, Chairman, Maharashtra Societies Welfare Association said “This was a positive step. In many cases, the builders exited the project without getting the OC, and the residents had to bear the brunt. This relaxation will ensure that majority of the societies get deemed conveyance. By a fair estimate over 10,000 cooperative housing societies in Mumbai and neighboring areas, are yet to get the DC. Now they should come forward to take advantage of these relaxed norms.” There are a sizable number of housing societies in Mumbai that are struggling to get the DC. In absence of DC, redevelopment of some of the societies has been delayed. Some of the developers used to sell the flats till they held the ownership right of the layout and were misusing this right, causing impediment in the way of redevelopment.

By |October 23rd, 2020|DEEMED CONVEYANCE PROCEDURE FOR CHS BECOMES EASY|Comments Off on DEEMED CONVEYANCE PROCEDURE FOR CHS BECOMES EASY

PROVISIONS FOR DEEMED CONVEYANCE UNDER MOFA

PROVISIONS FOR DEEMED CONVEYANCE UNDER MOFA

Amendments in Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 2005 giving a huge relief to hundreds and thousands of flats purchasers in Maharashtra. Conveyance to the societies was a burning issues which have integrated many problems like property tax, housing finance documentations and major repairs or redevelopment.

The highlights of the amendments are as under:

  • Builder/s will have to execute the conveyance.
    Power is given to the District Deputy Registrar to act as Competent Authority. (Sec. 5A)
  • Power is given to Competent Authority for registration of Co-operative Society under the provisions of Maharashtra Co-operative Societies Act, 1960. (Sec. 10(1) )
  • It is the duty of the promoter (builder) to file with the Competent Authority within the prescribed period a copy of the conveyance executed by him (Sec. 11(2))
  • If the promoter fails to execute the conveyance in favour of Co-operative Society, Company or Associations or Apartment Owners as the case may be, then the flat purchasers can approach the Competent Authority with true copy of registered agreement of all the flat purchasers including Occupation Certificate, Registration Certificate of the society then in such circumstances the Co-operative Society, Company or Associations is entitled to have unilateral deemed conveyance (Sec. 11(3))
  • The proceedings before the Competent Authority have to be completed within a period of 6 months. The Competent Authority must verify the authenticity of the document produced before him and after giving a reasonable opportunity to the promoter, if satisfied will issue a certificate to the Sub-Registrar or any other Registration Officer under the Registration Act, 1908, certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the land and the building in favour of the applicant, as deemed conveyance(Sec. 11(4))
  • The sub registrar after receipt of the certificate issued by the Competent Authority along with the unilateral instrument of conveyance can issue summons to the promoter to show cause why the unilateral instrument should not be registered as deemed conveyance. However, reasonable opportunity of being heard may be given to the promoter. If the Sub-Registrar is satisfied then he will register the unilateral conveyance as ‘deemed conveyance’. (Sec. 11(5))
  • The Competent Authority has been created who has powers to award criminal imprisonment to the builder/s for a period not less than 6 months and not more than 1 year and / or along with fine ranging from Rs 10,000/- to 50,000/- (Sec. 13(3)(a) & 13(3)(b))
  • The builder/s if convicted will not be able to carry on construction activities for a period of five years. However, the disqualification shall not affect the permission for construction of flats already granted. (Sec. 13 (4), 13(5) & 13(6) )
  • The Competent Authority shall be deemed to be a public servant as per the provisions of Indian Penal Code. (Sec. (13B)
  • Proceedings before Competent Authority shall be aimed to be judicial proceedings as per the provisions of Indian Penal Code. (Sec. 13C)
  • Competent Authority shall be deemed to be a Civil Court for certain purposes. (Sec. 13D)
  • No action can be taken against the Competent Authority for acts done in good faith by the Competent Authority. (Sec. 13E)
By |October 22nd, 2020|PROVISIONS FOR DEEMED CONVEYANCE UNDER MOFA|Comments Off on PROVISIONS FOR DEEMED CONVEYANCE UNDER MOFA

CONVEYANCE SERVICES FOR SOCIETIES IN PUNE:-

CONVEYANCE SERVICES FOR SOCIETIES IN PUNE:-

In most of the cases people believe that a Purchase Agreement is the final document they need to own. However, a mere purchase agreement does not pass on the developer’s rights on the land to the society. Societies need to make sure they have the complete right to the land, and mere society registration and formation does not provide those rights.

A Conveyance Deed helps societies to gain the right of their land. Post this builder relinquishes his legal right on the land.

We the “VED LEGAL” provide end-to-end conveyance services to the societies including execution of Conveyance Deed, Deemed Conveyance, and Deed of Apartments. We work closely with co-operative societies and government officials and make sure the complete process is hassle free.

With our team of legal advisers and professional approach, we have handled more than 100 cases across Pune. We guide our clients through the complete process of transferring builder’s rights, allocation of additional space and finally establishment of society rights, as per the law.

Our conveyance services include:                           

Apartment formation:                                                 

• Deed of Declaration • Deed of Apartment

Co-operative Societies Conveyance:

• Conveyance deed with builder’s consent     • Deemed Conveyance – without builder’s consent

By |October 22nd, 2020|CONVEYANCE SERVICES FOR SOCIETIES IN PUNE|Comments Off on CONVEYANCE SERVICES FOR SOCIETIES IN PUNE:-

Division of a Housing Society

Division of a Housing Society
v General
The Maharashtra Co-operative Societies Act, 1960 (Section 17) and the Maharashtra Co-operative Societies Rules, 1961, provide for division of a Co-operative Society. The procedural details are given in the Act and the Rules. They are summarized here.

v Grounds for division
Division of a society is not permissible unless the Registrar is convinced that there is no alternative other than to divide a society into one or more subdivisions. The Registrar may consider division of a Co-operative housing society on the following grounds:

(a) The membership is so large that the affairs of the society are unmanageable.

(b) The units (building) are located plots which are far away from each other, rendering the management of the society difficult.

(c) There are factions in the society.

v The prerequisite for bifurcation
The plots on which the buildings are constructed should be independent of each other in the Municipal records. If the buildings are constructed on the same plot, the plot should be divisible. If the plot is not divisible, bifurcation is not possible.

v Scheme
The Secretary of a society should first prepare a scheme for two or more units and place the same before the meeting of the managing committee of the society. The scheme should include

(i) Reasons for bifurcation

(ii) Details of the land and buildings to be divided

(iii) The basis on which the assets and liabilities are proposed to be divided

Preliminary approval of the proposed scheme of division of the society by the Registrar is necessary before the scheme is finally approved by him.

v Procedure of preliminary Approval

(i) A general body meeting, with due notice as provided in the Bye-laws of the society, should be convened. A proposal for division of the society should be included in the agenda of the general body meeting. Copies of the proposed scheme of division of the society should accompany the notice and both should be field with the Registrar.

(ii) A resolution, deciding to divide the society on the basis indicated above has to be passed at the general body meeting with a simple majority. Thereafter, the society should make an application (for which no form is prescribed) to the Registrar, together with a copy of the notice convening the general body meeting, a copy of the proposed scheme of division of the Society and a copy of the resolution of the general body meeting of the Society deciding to divide the society. This is necessary to obtain the Registrar’s preliminary approved of the scheme.

Thanks & Regards
Adv. Gajanan Rahate
Ved Legal, Pune.
Mob- 9763040088

By |October 20th, 2020|Division of A Housing Society|Comments Off on Division of a Housing Society

What is Conveyance Deed?

What is Conveyance Deed?

A generic term for any written document which transfers/conveys real estate property or real property interests from one party to another.

If someone willingly transfers their legal rights, title, interest and ownership of the property to another party they would need to create a document which transfers this right. Such a document is called “Deed of Conveyance”.

Now in case of housing societies the builder/promoters have to ideally create deed of conveyance and hand over it to housing societies that to within 4 months after project completion. However, due to lack of knowledge many builders do not create such documents. There have been cases where builders have later on denied to create such documents and asked additional money to provide signatures on these documents. You will find all sorts of reasons for not creating the document. This results in issues for societies in future. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) to make sure if builders run way from such responsibilities, the societies do not suffer. This amendment is called “Deemed Conveyance”. This amendment allows society owners to gain the legal rights of the land even if the builder is not willing to transfer the rights, in front of designated competent authority.

A valid conveyance deed must contain the following:

1. The actual demarcation of the property.

2. Other rights annexed to the property and its use.

3. The full chain of titles, that is, all legal rights up until the present seller.

4. The method of delivery of the property to the buyer.

5. A memo of the consideration, stating how it has been received.

6. Any further applicable terms and conditions for the full transfer of ownership rights.

Important points to consider, to ensure smooth purchase/sale of a property:

The seller is required to certify that the property is free of any legal encumbrance.

If a loan was taken against the property in question, then, the mortgage must be cleared before the deed is signed. Buyers have the option of having this checked at the local sub-registrar’s office.

The conveyance deed should state the exact date on which the property will be handed over to the buyer.

Within four months of the execution of the deed, all the original documents related to the sale of the property, need to be produced for registration before the local registrar.

The deed is required to be signed by at least two witnesses.

By |October 20th, 2020|What is Conveyance Deed?|Comments Off on What is Conveyance Deed?