Once you have completely understood what is Deemed Conveyance and how your apartment complex can apply for it, there is lots of paperwork which is involved. If you are using an apartment management software like ApartmentADDA, most of these would have been uploaded by your managing committee members.

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 MagistrateTrue copy of the Society Registration Certificate
Stamp duty paid and registered agreement copies of all individual flats/ shops
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 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.

Procedure after submission of all the above documents to the Sub-Registrar:

After spot visit by authorized government officials, a notice would be sent to the builder
Builder can submit written arguement, before a formal hearing is held
Public notice has to be published in 2 newspapers, of which one shall be in Marathi.
If there is no response or objection to the notice, then speaking order and certificate of deemed conveyance is issued to the society
Once the Deemed Conveyance order with 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 society in the 7/12 extracts or in the property card as the case may be and/ or both.
If society did not have an OC while applying for deemed conveyance, it is compulsory for the society to obtain an OC from BMC, after the deemed conveyance is obtained.

FOR MORE DETAILS CALL:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]