The Complete Guide to Deemed Conveyance Online Application

Over the years, the Government has made constant efforts to elevate the performance and efficiency of different legal procedures in the real estate sector. The focus has been on reducing the over-reliance of in-person application submissions and enabling the Promoter (construction builder) and the flat owners/societies to submit the applications online easily. Deemed conveyance is one of the most important documents required to convey the land from the Promoter to the legal body of the flat purchasers. The procedure to apply for Society deemed conveyance is hassle-free, but many flat owners may not fully understand the critical things such as documents checklist, payment modes, etc. 

What Is Deemed Conveyance? 

In simple legal terminology, the deemed conveyance meaning can be explained as the transfer of right, title, and interest of the land or building in the name of the housing society. In the regular conveyance, the Promoters (construction builder, landowner, or developer) willingly or voluntarily gives the conveyance. The standard conveyance deed has to be executed between the promoters and the housing society. Still, it has been noticed in many of the cases that the builders or landowners are not ready and willing to execute the deed. In such instances, the Maharashtra Government has given the right to the Competent Authority under the MOFA deemed conveyance (Maharashtra Ownership Flat Act) to sign the conveyance deed on behalf of landowners and developers. This is called Deemed Conveyance. 

Why Is Deemed Conveyance Important?

Under the provision in the Maharashtra Ownership Flats (MOFA) Act, the land is deemed to be conveyed to the CHS (co-operative housing society) or the legal body after the four month-period of formation of the housing society. It is legally registered and maintained in the revenue records. The importance of deemed conveyance or transferring the title from the Promoters to the Co-operative Housing Society cannot be overstated. There have been instances in urban and rural parts of the state where the Promoter or builder has sold the terrace, common areas, amenities, and parking space to a third party without knowing the flat owners or the legal body. Seeing a rise in such instances and a slew of complaints from the flat owners and CHS, the Government assigned a dedicated department within the land records team to hear, address and issue deemed conveyance to the legal body. 

The legal body or CHS needs to procure the necessary documents required for deemed conveyance before proceeding to the deemed conveyance online application. 

The Difference Between Conveyance Deed and Deemed Conveyance

Many lands or flat owners get confused between Conveyance Deed and Deemed Conveyance and which one of these two apply to them or the legal body such as a Co-operative Housing Society. There is only one main difference between the two: whether the Promoter or builder is willing to cooperate with the flat owners or CHS. 

A. Conveyance Deed - In the regular case, the Promoter/Developer/Builder prepares a conveyance deed and executes the same by appearing before the Sub-Registrar for admitting the signature. In such a scenario, the flat owners/legal body or the Co-operative Housing Society gets the conveyance without any hassle, with full cooperation from the promoters. 

B.  Deemed Conveyance - As you may have guessed by now, if the promoters are absconding or unwilling to cooperate with the flat owners, the legal body has to approach the Competent Authority for a conflict resolution. Once the Competent Authority has heard the arguments of the parties involved, the necessary order of conveyance is passed. The entire deemed conveyance procedure can be completed online, provided that the CHS or the legal body has all the required documents. The vital thing to note is that the Maharashtra Government has updated the criteria, and it is possible to obtain a deemed conveyance without OC (Occupancy Certificate).

The Complete List of Documents Required for Deemed Conveyance

• Attach a court fee stamp of INR 2,000 along with the Application Form 7 which is to be submitted to the District Deputy Registrar, Co-operative Societies. 
• Affidavit & True copy of the Society Registration Certificate
• Validation of the paid Stamp duty and registered agreement copy of 1 individual flat with Builder/Developer.
• List of members as per the prescribed format
• Information about the Index-II as per the document issued by the Sub-Registrar of Assurance for each member. 
• Development Agreement between property owner and Promoter (copy attached)
• Copy of the Power of Attorney between landowner and builder
• Details about legal notice issued to the original owner or developer for doing conveyance (attaching the copy is necessary)
• Details such as address and telephone number, etc. of the original owner or Promoter

A. Documents (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)

B. Other Documents from the Concerned Municipal Authority Office, For Submission:

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

Procedure For Filing Online Application for Deemed Conveyance

The complete process of applying deemed conveyance is online. However, there are details that the parties need to pay attention to before submitting the application. The first thing to be done by the CHS or flat owners is to write a formal email or a letter to the Promoter/builder/developer requesting them to provide the SALE DEED or CONVEYANCE DEED draft. In case there is no reply to the formal communication, the legal body should do the following. 

• Send the developer a legal notice via an advocate and request the developer to provide the deed with due signatures. 
• File an application with the Registrar of Co-operative Societies by attaching the relevant documents (along with self-attestation and copies) and INR 2000 court stamp fees
• Once the Competent Authority is satisfied that all the required documents are presented, a notice will be sent to the landowners/promoter/developer. 
• After receiving the notice, the Authority will hear arguments from both parties and ask them to present further evidence in the next hearing. 
• In case of the absence of the Promoter or the CHS, the Authority will pass an ex-parte order. 
• If no legal question is raised in the third hearing, the Competent Authority will pass the order. 

Step By Step Guide & How to Apply Online for Deemed Conveyance Checklist:

1. Cross-check whether the Society is enrolled on the online website portal of MahaSahakar website

2. Society is Validated by Concerned Registrars (AR/DR)

3. Ensure that all documents related to the case are securely saved on a hard drive or a computer (if you need to create a copy in future).

Step 1 in Deemed Conveyance Application Procedure: Go to MahaSahakar Website

(https://mahasahakar.Maharashtra.gov.in)

Step 2: Go to Login Screen

Step 3: Log in with Society Credentials

Step 4: Click on Deemed Conveyance Link

Step 5: Fill in the case details under the following sections:

a) Applicant Details

b) Unit and Society Bank Details

c) Property Details

d) Land Owner Details

e) Developer Details

f) Case Documents

• Municipality Records
• Revenue Records
• Society Records
• Applicant Records

g) Case Application

• Upload Case Application
• Enter Case Remarks

Step 6: Make Payment (pay Deemed Conveyance charges) by Payment Modes:

I. Using GRAS Online Payment:

II. Using GRAS Over the Counter Method

Step 7: View Case Summary and Review the application

Step 8: Generate Form 7 which is also available on the online portal

Step 9: Download Form 7

Step 10: Click APPLY and Submit the application.

Process Of Registration of Deemed Conveyance 

A. If the developer/builder/landowner does not reply to a legal notice asking for the conveyance deed. The CHS or legal body must fill the Deemed Conveyance application form along with the required documents.

B. To execute the conveyance, the Special General Body of the Society has to nominate 3 members to sign the documents. Upon successful execution, it is passed to the District Stamp Office for Adjudication. 

C. The Society has to pay the required Stamp Duty after receiving the Adjudication Certificate and get the conveyance Franked from the bank. 

D. After Franking, the deemed conveyance is submitted to the Registration Office. The office then issues a legal notice to Owners/Promoters to verify they have received any stay order against the conveyance in question. 

E. If there is no Stay Order received, the Registration Office formally registers the conveyance and issues a scanned copy and Index II documents (within 15 days)

We hope that this step-wise guide on Deemed Conveyance comes in handy for you. Owning and Registering for a property is a very complicated process. Understanding the legalities involved in property registration is of utmost importance to the flat owners and the co-operative housing society. If you need professional help, you can consult the real estate and legal experts at NoBroker. Just click on the link below to end all worries about the property and real estate. 

FAQ’s