Only after executing the conveyance, the legal ownership of the land and the building will be with the society; till such time the society has only possession rights without any legal right for re-development or any other commercial benefit.
Under section 11 of MOFA Act, in case of of Regular Conveyance, the builder/ Developer/ Landowner/ promoter are duty bound to co-operate with the CHS and execute a Conveyance deed before the Sub-Registrar and the original documents are handed over the new owners after completing all the necessary procedure.
In case of Deemed Conveyance, the builder/ land owner and/ or their legal heirs are not co-operating, therefore, the society appears 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 do not wish to convey the property since they foresee a future commercial value of the property including usage of potential FSI for their personal benefit. Deemed Conveyance is a final Conveyance. Further, the same can be registered. There is no appeal against the Deemed Conveyance order passed by the competent Authority.
Like regular Conveyance, even on Deemed Conveyance, the stamp duty will be only Rs.100/-, if all the flat owners have paid the stamp duty and have done the registration of their respective flats including on all the transactions (Chain of Agreements) done in those flats. In case there are some flat owners who have not paid the stamp duty or have escaped the duty, the same will have to be paid after obtaining the deemed conveyance, at the time of registration of the Deemed Conveyance deed by the legal bodies and the same can be recovered from such flat owners.
The papers required for doing Deemed Conveyance:
- 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 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:
- 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:
- 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:
- Copy of the approved plan
- Commencement Certificate
- Building Completion certificate
- Occupation Certificate (not compulsory)
- Property taxes paid
- Location plan of the building
Documents to be obtained from other professionals:
- 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.
If you wish to file an RTI, to get your original building documents, here are the addresses and contact numbers of the BMC departments:
Please don’t use this write-up as a replacement for legal opinion. For more information, please consult a competent advocate.