After the above mentioned conditions are fulfilled, the following steps shall be taken:

Write a letter /email to builder/ promoter requesting him to provide a draft of the SALE DEED/ CONVEYANCE DEED or providing the draft to him and requesting him to sign the same.

• If the Builder rejects or postpones the same, send him a legal notice through an advocate requesting for the same.
• Even then if the builder refuses, File an application with the Registrar of Co-operative Societies together with all the relevant documents and 2000 Rs. Court stamp fees.
• Self-attestation all the copies enclosed (by the society)
• The Competent Authority will assess the application and if any documents are missing he will ask the applicant to correct the mistake within fifteen days.
• Thereafter, notice would be sent to the promoter and the land owners.
• After receipt of the notice by the land owners and the promoters, the authority will hear both parties in the first hearing and ask both parties to produce further evidences in next hearing.
• Thereafter, second hearing would be held and if the builder or landowners do not attend both first and second hearing then the authority will pass an exparte order.
• Thereafter, the third and final hearing would be held and the authority would be held and order would be passed unless a legal question is raised.
• Normally the whole process is completed within a period of 6 months.

DOCUMENTS REQUIRED:

Further, the application required to be made with the Registrar shall be accompanied by copies of certain 20 odd documents which the society shall have to prepare or get prepared.

The papers required for doing Deemed Conveyance are as follows:

• Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
• Affidavit made before the Notary or Executive Magistrate True copy of the Society Registration Certificate
• Stamp duty paid and registered agreement copy of 1 individual flats/ shops with Builder/Developer
• List of members in prescribed format
• Index-II for each member as issued by the Sub-Registrar of Assurance
• Copy of the Development Agreement between land owner and builder
• Copy of the Power of Attorney between land owner and builder
• Copy of the legal notice issued to the original owner or developer for doing conveyance
• Details of corresponding address telephone number etc. of the original owner or developer
• Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

Documents to be obtained from City Survey Office, for submission:

• City (CTS) Survey plan
• Property Registration Card or
• 7/12 extract of the land
• Village form 6 (Mutation entries from Revenue Office)

Documents to be obtained from the Collector’s Office, for submission:

• Copy of the Non-Agricultural Order
• Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

Documents to be obtained from the concerned Municipal Authority Office, for submission:

• Copy of the approved plan
• IOD
• Commencement Certificate
• Building Completion certificate
• Occupation Certificate (not compulsory)
• Property taxes paid
• Location plan of the building

Documents to be obtained from other professionals, for submission:

• Search Report of the land issued by the Solicitor/Advocate
• Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
• Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
• Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

After, the Application is heard by the Registrar he may grant an order for deemed conveyance which shall then be produced before a court for execution and hence the conveyance may be done by a court order.

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.

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]