PROCEDURE

Stage 1- Preparation for Deemed Conveyance
During this stage the Managing Committee prepares the Members of the Co- Operative Housing Society for Deemed Conveyance.

Stage 2- Documentation for Deemed Conveyance
During this stage the Documents Required for Deemed Conveyance are collected/ organized & the Case is prepared.

Stage 3- Legal Case for Deemed Conveyance
During this stage the case is filed before the Competent Authority & after contesting the same the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.

Stage 4- Registration of Deemed Conveyance
During this stage the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.

Stage 5- Transfer of Property after Deemed Conveyance
During this stage the Society Name is incorporated in the Land Revenue Records.

1. Preparation for Deemed Conveyance:

This is a very important stage where the Managing Committee prepares the Members of Co- Operative Housing Society for the Deemed Conveyance.

The Managing Committee convenes a Special General Meeting (SGM) of the Society by giving suitable notice highlighting the agenda.

The Managing Committee places before the SGM the difficulties faced for obtaining the Conveyance from the Land Owners/ Property Developers. The Managing Committee explains the effects of non- availability of Conveyance to the Members. The Managing Committee explains the Procedure & Benefits of Deemed Conveyance to the Members.

During this SGM the following Resolutions are typically passed.

1. Resolution for going ahead with Deemed Conveyance
2. Resolution for Appointment of Authorized Representative
3. Resolution for Appointment of Legal Consultant for Deemed Conveyance
4. Resolution for Per Member Contributions

2. Documentation for Deemed Conveyance:

This is the most crucial step in obtaining deemed conveyance. It is a very meticulous job and make sure all the documents are lined up within the right format. You would require land revenue records, municipal corporation records, society records, property development records and professional certificates.

All these documents can be obtained from various departments such as Land revenue records from City Survey Office, Tahasildar/Talathi Office & District Collector Office, municipal corporation records from Building Proposal Department of the Municipal Corporation. Society records and certificates can be obtained from society offices and professionals.

Once all the documents are lined up, society needs to fill in Deemed Conveyance Application- Form VII and attached all the related documents. In case of deemed conveyance, a legal notice is sent to the developer for their consent. In regular conveyance procedures, since the developers or promoters are willingly providing the rights lot of documents can be easily recovered from them.

Once the form is filled up and all documents are annexed it is submitted to the Competent Authority- the District Deputy Registrar of Co- Operative Societies of the particular District.

3. Legal Case for deemed conveyance:

Once the application is submitted to the authorities they issue Deemed Conveyance Scrutiny Report- Form VIII within 1 month. Once the compliance is provided the authorities issues Summons & Newspaper Notices to the Land Owners & Property Developers for appearing for the hearing.

During the hearing process authorities take into consideration the arguments of the both parties. The process takes place within 3-4 months. Once all the arguments are documented the office issues a Deemed Conveyance order within 1 month. The whole process is completed within 6 months as this is a time bound activity.

4. Registration of deemed conveyance:

A deemed conveyance deed is created during this phase and is signed by both societies and developers. If developers do not appear for hearing in the prior stage (Which is the case in deemed conveyance), authorities have the power to sign the deed on behalf of developers.

The society needs to conduct a meeting and appoint 3 members to sign the deed. Post that the deed is submitted to district stamp office for adjudication. If all the members have paid their stamp duty and if there is no balance FSI, the office issues adjudication certificate. (Note – Deed only requires Rs 100 stamp duty). The adjudication certificate needs to be then franked from local bank and resubmitted to registration office.

The registration office then issues notice to land owner/developer to verify if there is any stay order against the deed of conveyance. (Note – The developer can get the stay order only from high court). If there is no stay order the deed of deemed conveyance is registered and then the office issues scanned documents and Index II. This mark end of registration process and the society becomes the owner of the land and structure.

 5. Transfer of property: In this phase a new application is submitted to various departments to make mutation entries in their records. This would make the process complete.

PROCEDURE FOR REGISTRATION OF CO-OP. SOCIETIES

1.The first Step is to get 10 Individuals together who are desirous of forming a Society.
2.A Provisional Committee should be formed and a chief Promoter should be elected from amongst them.
3.A Name for the Society has to be selected.
4.An Application has to be made to the Registration Authority for reservation of Name and a letter to that effect has to be obtained confirming the reservation of Name. The name once reserved is valid for 3 Months.
5.The entrance fees and share capital has to be collected from the prospective members.
6.A Bank account has to be opened in the name of the proposed society as per the directions of the registration Authority. The entrance fees and share money has to be deposited in the bank account and the certificate from the bank has to be obtained in that respect.
7.The registration fees has to be deposited with the Reserve Bank of India and receipted 1challan thereof is to be obtained.
8.The application for registration of the society should be submitted to the Registrar of Societies of the concerned municipal ward. The documents to be submitted for registration are as follows: 
            a.Form No. A in quadruplicate signed by 90% of the promoter members
            b.List of promoter members
            c.Bank Certificate
            d.Detailed explanation of working of the society.
            e.4 copies of proposed bye-laws of the society.
            f.Proof of payment of registration charges.
g.Other documents like affidavits, indemnity bonds, any documents specified by the Registrar also have to be submitted.
9.The Registrar will enter the particulars in register of application maintained in Form “B” and give serial number and issue receipt in acknowledgment of the same.
10.On registration, the Registrar will notify the registration of the Society in the Official Gazette and issue Registration Certificate.

PROCEDURE OF DEEMED CONVEYANCE:-

Stage 1- Preparation for Deemed Conveyance

During this stage the Managing Committee prepares the Members of the Co-

Operative Housing Society for Deemed Conveyance by approving resolution in the

GBM if Builder/Promoter fails to convey the land and building within prescribed

period.

Stage 2- Documentation for Deemed Conveyance

During this stage, once the Documents required for Deemed Conveyance get

collected/ organized & thereafter the Case/Application get prepared and submitted

to Dist. Dy. Registrar Office through Legal Representative/Advocate.

Stage 3- Legal Case for Deemed Conveyance

During this stage, once the case is filed before the Competent Authority i.e. DDR,

hearings get started for both the parties to the application i.e. Applicant &

Respondent by issuing summons/notices. And after contesting the said matter, the

Order & Certificate of Deemed Conveyance upholding the right of the Society will be

obtained.

Stage 4- Adjudication of Deemed Conveyance

During this stage, the Deemed Conveyance get Adjudicated by the office of JDR,

Thane, with proper Stamp Duty, Registration fee etc…

Stage 5- Registration of Deemed Conveyance

During this stage, the adjudicated & executed draft of Deemed Conveyance will get

registered in the office of Sub-Registrar.

Thanks Ved Legal

PROCEDURE OF DEEMED CONVEYANCE

Stage 1- Preparation for Deemed Conveyance

During this stage the Managing Committee prepares the Members of the Co-

Operative Housing Society for Deemed Conveyance by approving resolution in the

GBM if Builder/Promoter fails to convey the land and building within prescribed

period.

Stage 2- Documentation for Deemed Conveyance

During this stage, once the Documents required for Deemed Conveyance get

collected/ organized & thereafter the Case/Application get prepared and submitted

to Dist. Dy. Registrar Office through Legal Representative/Advocate.

Stage 3- Legal Case for Deemed Conveyance

During this stage, once the case is filed before the Competent Authority i.e. DDR,

hearings get started for both the parties to the application i.e. Applicant &

Respondent by issuing summons/notices. And after contesting the said matter, the

Order & Certificate of Deemed Conveyance upholding the right of the Society will be

obtained.

Stage 4- Adjudication of Deemed Conveyance

During this stage, the Deemed Conveyance get Adjudicated by the office of JDR,

Thane, with proper Stamp Duty, Registration fee etc…

Stage 5- Registration of Deemed Conveyance

During this stage, the adjudicated & executed draft of Deemed Conveyance will get

registered in the office of Sub-Registrar.

Thanks Ved Legal