The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorised officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

 

DIFFERENCE BETWEEN THE DEEMED CONVEYANCE AND THE REGULAR CONVEYANCE

In case of regular conveyance, the builder/ Developer/ Landowner prepares a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.

 

In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who don’t want to part with the land and the building in favour of the society.

 

DOCUMENTS REQUIRED TO BE SUBMITTED ALONG WITH APPLICATION TO GET THE DEEMED CONVEYANCE:

  • Registered Agreement for sale entered into with the promoter/opponent party
  • 7/12 Extract and Village form No.6 (Mutation entries) / Property card,
  • Location Plan
  • City survey plan or survey plan from the revenue department.
  • Layout Plot plan approved by the local authority
  • Architect certificate about the entitlement of undivided interest in the entire Layout Plot, common areas and the facilities by each of the entity or the structure constructed or to be constructed on such Layout Plot.
  • Latest Title and Search Report for last 30 years from an advocate,
  • Non-Agricultural Order (N.A. Order)
  • Certificate under Urban Land Ceiling Act, 1976
  • Building/ Structure Plan approved by the appropriate authority,
  • Commencement Certificate,
  • Completion Certificate,
  • Occupation Certificate (exempted if not available),
  • List of Flat Purchasers
  • Proof of payment of Stamp Duty
  • Proof of Registration, etc. ,

 

Development agreement or power of attorney or agreement for sale executed by the landlord with the promoter for development or for transferring the right, title and the interest in the land in favour of the promoter.

 

Legal notices to be send to the Promoter and other interested parties to execute the conveyance deed or declaration as provided under Maharashtra Apartments Act, 1970 in favour of the applicant/s.

Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.

 

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]