If your society has run into issues obtaining conveyance from the builder/land owner voluntarily, you are likely looking into applying for deemed conveyance for your property. Deemed conveyance is part of the government’s efforts for conflict resolution between builders and flat owners. When obtaining conveyance through this method, a competent authority under MOFA (Maharashtra Ownership Flat Act) will approve conveyance after arguments from both parties have been heard.
In Maharashtra, the deemed conveyance procedure can be undertaken online or offline, as long as the society can procure all the required documents. The steps and documents involved are as follows-
Process for Online Deemed Conveyance
- Online Registration by Society
You start with registering your society on the Department of Co-Operation, Marketing and Textiles website- https://mahasahakar.maharashtra.gov.in/. This step will ask for basic information and documentation for your society that can be cross-checked with existing records.
- Online Society Validation by Registrar
The Registrar will verify the information provided by you and approve your online registration.
- Online Deemed Conveyance Application by Society
You can now start the application process on the website. This will include filling in details and adding in relevant documents like –
- Applicant Details
- Bank Information and Society Unit Details
- Developer Information
- Land Owner Information
- Property Details
- Documents – Applicant, society, municipal and revenue records
- Case Application – Upload a case application that contains case details and remarks
You will also be guided to a payment gateway where you can make the required payment. Following all of these steps, you will be given a chance to review your application and case summary. After that, you can generate a Form 7 which can also be downloaded. Lastly, you can submit your application.
- Online Application Scrutiny by the Competent Authority
The authority assigned to the case will go through all the details and documents provided to understand your case better.
- Online Hearing and Scheduling by the Competent Authority
The same website will then give you the option to track your application and to view details for when and how the hearing for your case has been scheduled.
- Online Publish Order by the Competent Authority
Once you’ve completed all of the steps above and a resolution has been reached, the competent authority will publish an order for your deemed conveyance.
Documents Required
To get started with the process, however, you need a set of documents that may need to be obtained from various authorities. The documents you will need are –
- Application Form 7 with a court fee stamp of Rs 2000/-.
- A list of society members.
- Index II for individual members.
- An affidavit that has been submitted before a notary or sub-magistrate.
- Agreement for sale and proof of stamp duty payment for all flats.
- A copy of the legal notice issued to the builder/land owner requesting conveyance.
- A true copy of the Registration Certificate of the society.
- A copy of the original Development Agreement between the landowner and builder.
- A copy of the Power of Attorney between the landowner and builder.
- Address, telephone number and other contact details of the developer/land owner.
- A draft of the Conveyance Deed proposed by the applicant.
Other documents you will need that need to be obtained from your local municipal authority-
- Information on property taxes paid.
- Information regarding the location of the building/society.
- Copy of the approved plan.
- Commencement Certificate (CC)
- Building Completion Certificate (CC)
- Occupation Certificate (OC) (no longer compulsory but attach it if you have it)
Documents you will need to obtain from the city survey office –
- 7/12 Extract or Property Registration Card for the property.
- City Survey Plan
- Village Form 6 that contains mutation entries from the revenue office.
Documents you will need to obtain from the collector’s office-
- A copy of the non-agricultural order.
- A certificate issued under the Urban Land Ceiling Act, 1976.
Additional documents that you may need-
- Land measurement map, Physical Survey Report, or the architect’s certificate.
- Title certificate issued by an advocate (the title search should include information from the past 30 years)
- Search report for the land that is issued by a solicitor or advocate
- A certified copy of a report from a panel architect that describes the utilization of FSI or any leftover FSI of the property.
Since this process is time and effort intensive it is always a better option to see if you can get the conveyance deed for your society from the builder/promoter itself. The process of receiving your deemed conveyance can take up to 6 months from the time of application. This doesn’t include the time it takes beforehand to get your documents in order. This process can be streamlined by taking the assistance of an advocate or hiring a property management consultant who is well-versed in dealing with these issues to help guide you.
Shubham Doshi