For many Cooperative Housing Societies, obtaining legal ownership of the land and building becomes a major challenge when the builder fails to execute the Conveyance Deed. In such cases, Deemed Conveyance provides a legal solution that allows the society to secure ownership rights through the Competent Authority.
Deemed Conveyance is a process introduced under the Maharashtra Ownership Flats Act (MOFA) to protect the interests of housing societies. If a developer does not transfer the property despite completing the project and forming the society, the society can apply for Deemed Conveyance and obtain legal ownership without the builder’s consent.
Having Deemed Conveyance is important because it gives the society complete legal ownership of the land and common areas. It also makes future redevelopment easier, helps resolve ownership disputes, allows societies to utilize additional FSI benefits where applicable, and strengthens the legal position of the society.
To apply for Deemed Conveyance, the housing society must be legally registered and possess essential documents such as the Society Registration Certificate, Sale Agreements, Occupancy Certificate, Approved Plans, Property Records, and other supporting documents. These documents are carefully verified before submitting the application to the Competent Authority.
The process generally begins with collecting and verifying all necessary documents. After preparing the required legal documentation, the application is filed with the concerned authority. Hearings are conducted where both the society and the builder may present their case. Once the authority is satisfied, an order for Deemed Conveyance is issued, followed by the registration of the Conveyance Deed and updating the government property records.
Many societies face difficulties such as missing builder documents, incomplete records, legal objections, or delays in government procedures. Professional guidance can help overcome these challenges by ensuring proper documentation, legal compliance, and smooth coordination with the authorities throughout the process.
In conclusion, Deemed Conveyance is an essential legal step for every housing society that has not received ownership rights from the builder. It safeguards the interests of society members, provides legal security, and lays the foundation for future redevelopment and effective property management. If your society has not yet obtained Conveyance, seeking professional assistance can make the entire process faster, smoother, and legally compliant.