Wednesday, January 18, 2012

Deemed Conveyance

Deemed Conveyance cooperative housing society, india, transfer of property india, selling house, conveyancing
Convey title of ownership of property:
Deemed Conveyance in Co-operative Housing Society
What is Conveyance?
Deemed Conveyance is a unilateral conveyance, granted under the Maharashtra Ownership Flats Act, 1963 (MOFA), in favour of the legal entity i.e. Co-operative Society, apartment or a company in case the promoter (builder) fails to deliver the title i.e. grant a conveyance to such entity.




Contents

1.Importance of Property Conveyance

A conveyance deed is a document that conveys the title of ownership of a property from the original owner to the ultimate purchaser. All the flat owners must obtain conveyance deed for their structures, to become true owners of the entire structure and land attached to it. 




A conveyance deed transfers the ownership rights from the developer or the landowner to the flat owners. The first and foremost objective is to become the legal owners of the entire property. Obtaining free and marketable title of the property is the most important objective. 



When a particular person or society has paid full consideration and is in possession of the property but the title documents are in the name of the original owner (developer or landowner), the purchaser does not have a free and marketable title of the said property. It is only after obtaining the conveyance that the buyers derive free and marketable title over the property. 




Here are some advantages of obtaining the conveyance deed from the developer:



a)                   Getting the proper title Retaining additional FSI, if any

b)                   Property will be free and marketable

c)                   Loan can be raised by mortgage

d)                   Permission for reconstruction possible

e)                    Construct additional floor/s by TDR Receive compensation on development



2. Reasons for Deemed Conveyance of Property

The Promoter (Builder) is lawfully obliged to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers.  However, it has been observed in many cases that such Conveyance has not been executed. Some of the main reasons on the part of the flat purchasers are ignorance regarding the subject matter, lack of knowledge regarding the importance of Conveyance and non-co-operation amongst the members of the society.

In light of the above, the State Government of Maharashtra has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies.



Deemed Conveyance of land builder conveying handing over building to the society
Conveyance of Housing Society
3.Procedure

The flat purchasers after forming a Co-operative Society shall approach the competent authority for obtaining a unilateral deemed conveyance in favour of the legal entity i.e. Co-operative Society, apartment or a company. The competent authority on receipt of such application shall within reasonable period but in any case, not later than six months subsequent to making such examination as are deemed necessary and after verifying authenticity of the document submitted and after giving the promoter reasonable opportunity of being heard and on being satisfied shall issue a certificate to the sub-registrar or any other appropriate registration authority under the Registration Act 1908 certifying that this is a fit case for enforcing unilateral execution of conveyance deed, conveying the right title and interest of the promoters in the land and building in favour of the applicant as Deemed Conveyance for the Housing Society or Building. When some such submissions are made by the Society or the Company or association or apartment owners to the Sub Registrar or the appropriate registering authority on the basis of the certificate issued by the competent authority along with the unilateral instrument of conveyance, shall notwithstanding anything contained in the Registration Act 1908 issue summons to the promoters as to why unilateral instrument should not be registered as deemed conveyance and after giving the promoter reasonable opportunity of being heard may on being satisfied that it is a fit case for unilateral conveyance register instrument as deemed conveyance. The process of Deemed Conveuyace takes about 6-8 months.
In case of Deemed Conveyance, the earlier the better, because later on it will be difficult to find the original builder/owner. If the builder/owner is deceased then each of her/his legal heirs must be found, which is an insurmountable task if they are not even in the country.


The Laxminarayan Cooperative Housing Society in Ghatkopar was the first society to get deemed conveyance in February 2011. The Society had three storeys and 35 tenants. (Also see the TOI Article



In or about Januray 2012, the  City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) made it compulsory for co-operative societies in Navi Mumbai to have conveyance deed executed in favour of the society for a transfer No Objection Certificate (NOC) from CIDCO.







List of Documents Required for Deemed Conveyance 
The following are the documents  required for Deemed Conveyance, to be submitted with Form VII:
From Society Records
  • Copy of Society Registration Certificate
  • List of Members & their Share Certificate Details
  • Copies of Registered Agreements (Chain of Registered Agreements in case of Re- Sale) for all
  • Flats/ Shops with Stamp Duty & Registration Receipts & Index II of all the Registered
  • Agreements
  • Death Certificate of Land- Owners, wherever necessary
  • Title Devolution Statement of all the Flats/ Shops
  • Registered Partnership Deed of the Partners of the Developer Firm
  • Development Agreement/ Conveyance Agreement between Land- Owners & Developer
  • indian building, dilapidated building india
    Building for Deemed Conveyance, India
  • Power of Attorney given by Land- Owners to the Developer
Land Revenue Records
  • 7/12 Extract
  • Village Form No.6
  • Property Card
  • City Survey Map
  • N. A Order
  • U. L. C Order
  • Latest Property Tax Paid Receipt
  • Latest N. A. Tax Paid Receipt
From BMC Records
  • BMC Approved Plan
  • BMC (IOD)
  • BMC (Commencement Certificate)
  • BMC (Building Completion Certificate)
  • BMC (Occupation Certificate)
  • BMC (Latest Property Tax Paid Receipt)
  • Location Map
From Professionals
  • Survey Report – From an Architect
  • 30 Years Search Report & Title Certificate – From an advocate
Keywords: Deemed Conveyance for Housing Society or Building notification, What is conveyance, conveyance law, property conveyance, deemed conveyance deed, list of documents required for deemed conveyance of housing society or building


CIDCO, deemed conveyance, List of Documents Required for Deemed Conveyance, mowing the law, procedure for conveyance, vikrant shetty, what is conveyance, 

31 comments:

  1. Doesn't the Government keep removing new amnesty plans?
    I think that in just 1 year, deemed conveyance will be made much simpler and quicker.

    ReplyDelete
    Replies
    1. Gabriel. I see what you mean and no doubt you may be right. However Deemed Conveyance is now over 3 years old. Can you really wait any longer?

      Delete
  2. I have been looking for these details. Finally I got this article on the 5th page of google search results. Thank you! I will show this to the Secretary of my Society.

    ReplyDelete
  3. For Deemed Conveyance, do you need approval of each and every member of the society?

    ReplyDelete
    Replies
    1. yes you do. and it is not an easy task . you will need a bunch of papers for that .

      Delete
  4. can the successive land owner(after the death of original owner) ask for compensation (money) from the flat members or society for giving n.o.c. or approval for the conveyance.

    ReplyDelete
    Replies
    1. No. He is legally obligated to give approval.

      Delete
  5. We had given our ancestral family property for development to a private developer about 18 years ago, As he has defaulted in honouring the development agreements which was mutually agreed between us the landowners and the builder, we have moved the city civil court, for compensation and specific performance of the agreement.
    The developer has obtained occupation certificate certificate of the building, and registered the society of the other falt purchasers, but has not yet registered the documents of our premises in the newly constructed building, as he has agreed in the development agreement to us the landowners, that he will be availing of TDR on our plot.
    Besides the development agreement clearly states that he will not transfer this benifit to any other party,(which now is the society)
    Hence on a priority basis he has to fulfill all the terms and conditions of the development agreement, before the members of the society can make their claims for conveyance.
    Hence as the suit is pending before the court, the society will not get deemed conveyance, till the developer complies with the development agreement.
    To this end i ask you your opinion as a landowner, in the suburb of Mumbai, who has been deprived of my rights benifits and priviliges by the builder, and as such i do not wish the society to enjoy the priviliges of my land, by letting conveyance be deemed, till i reap the benifits from my land legally and officially.
    Kindly give your comments on this issue, which i am sure readers having similar experienxes like me, as landowner, though fewer in number, will also appreciate this cass.
    Thanking you.

    ReplyDelete
  6. We have done Conveyance deed but owner name in the property tax hasn't transferred yet... What is the procedure??? can anybody help me in this... As the society secretary is demanding money to transfer but we have already paid money for it while doing Conveyance deed... Again why money is required .. Can anybody help me...

    ReplyDelete
  7. We have done Conveyance deed but owner name in the property tax hasn't transferred yet... What is the procedure??? can anybody help me in this... As the society secretary is demanding money to transfer but we have already paid money for it while doing Conveyance deed... Again why money is required .. Can anybody help me...

    ReplyDelete
  8. To change the name of the owner in the Property/Municipal Tax Assessment bill, you will need to make an application before the Assessment Officer of the Municipal Office in your Ward. You may have to pay the requisite application fee and the necessary "out-of-pocket expenses".

    ReplyDelete
  9. To get conveyance is it necessary all members sales agreement to be registered document? If there are unregistered documents than conveyance cannot be done? plz confirm

    ReplyDelete
  10. For conveyance is it necessary to have sales deeds of existing member registered. If some members sales deed is unregistered than conveyance cant be done? plz confirm

    ReplyDelete
    Replies
    1. Yes, provided that the member has paid the required stamp duty on the flat

      Delete
  11. Can't the Government come with a rule wherein they say that if the society is more than 4 months old, automatically the land and FSI belongs to the society and they don't have to run anywhere.

    ReplyDelete
    Replies
    1. If the Govt was that good India would be the Greatest Country, Govt will make life diffcult for the common men and Easier for the Politician, You see how all Political parties United on the RTI, so people judge for your selves

      Delete
  12. I, sandesh, staying at dombivli. Sir, presently i am holder of a room in the building which is constructed on Collectors' land in 1990. I read latest advertisement about Deemed Conveyance which is to be done before 30.06.13. We are about 40 room holders in the said building, out of which only 30-35 members are ready to go ahead with yr special Deemed Conveyance Scheme.

    Sir, my query is, can we (only about 30 members out of total 40) do the Deemed conveyance under yr special scheme as few of our members are not ready to do so. Just because of their negativity, we other members, who are willing to do so, also going to suffer heavy problem in the future. I would like to know can we do the deemed conveyance for the partial members and let the rest be on their own thinking. What will happen as our rooms are on Collectors land? What will be the penalty/charges?

    ReplyDelete
  13. Respected Sir,

    We are a registered hsg. coop. soc.
    We are trying hard to get the conveyance of the plot from the builder for last 1 year.

    1)Our builder is ready to sign the conveyance deed in favour of society.

    2) We have all the papers as required by the regulations.

    3) Our society has submitted all the papers to CIDCO to get clearence for conveyance before almost 1 year. But Cidco has not issued the NOC to us till date and no reason for it is communicated to us. We are following-up the case with cidco regularly. They simply do not comment on the issue pending.

    4) At the same time, cidco has been asking us get the conveyance as early as possible when actually they have withheld the NOC for the same.

    Over and above it all, we have recd. a letter from CIDCO / Registrar's office which includes a letter from Hon. C.M. (Maharashtra)'s office asking us to get the conveyance done and describing the benifits of the conveyance and how the government and Cidco has made provisions to help us in this matter.

    Now in this case what is the option before us ?

    Is not there any time limit for the CIDCO to issue the NOC or refuse it ?
    Is there any provision to assume the NOC (deemed NOC) from cidco when they have withheld the NOC without any specified reason and proceed with the conveyance deed registration ?

    Can anybody pl. help in this matter ?

    ReplyDelete
    Replies
    1. Hello,

      As far as sale/purchase of flats on CIDCO plots are concerned, NOC is no longer mandatory and there is a deemed NOC in such a case.

      However, in your case where the Builder is assigning the rights he has derived under the Lease Deed between himself and CIDCO, an NOC from CIDCO will need to be obtained. However, since there has been no feedback from CIDCO, then in accordance with Rule 10 of Navi Mumbai Disposal of Lands (Amendment) Regulations, 2008, it would be perfectly legal for you to go ahead with the conveyance i.e. assignment of lease in favour of the Society if you have -
      (a) paid the requisite transfer fee and
      (b) if you mention in the conveyance i.e. assignment of lease that you agree to perform and observe all the conditions stipulated in the original Lease Deed.

      Before you go ahead with this, by way of abundant caution I would advise that you first send a 45 days legal notice by R.P.A.D. to CIDCO stating your aforementioned intent.

      Best of luck.

      Regards,

      Sushant Shetty,
      Advocate.

      Delete
    2. Dear Sir, Thank you very much for your guiding reply.

      Can you please further guide us regarding how we can know the required transfer fees amount and how we are to pay it if CIDCO is not helping us ?

      Thanking you again in anticipation.

      Delete
  14. Respected Sir

    We would be much obliged if you could elaborate on the stamp duty issue involved in deemed conveyance process.
    a) Whether stamp duty if any is applicable.
    b) How to calculate how much stamp is attracted if any ?
    c) Who will be responsible to bear the stamp duty amount?

    Anything else you feel appropriate and related to stamp duty issue in deemed conveyance.

    Amitabh Mehata
    Green View Co-operative Hsg. Soc.
    Magarpatta Hadapsra Pune.
    amitabh@spectrum.edu.in

    ReplyDelete
    Replies
    1. Dear Mr. Mehata,

      It would be my pleasure to answer your queries and here they are ad seriatim:

      (a) Yes. The Stamp Duty will be applicable as in the case of a regular Conveyance in favour of Society.

      (b)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.

      (c) The stamp duty will be borne as per what is stated in the Development Agreement between the Society and Developer.

      Regards,

      Sushant Shetty,
      Advocate.

      Delete
    2. Dear Mr Advocate Sushant Shetty

      Let me first thank you for your reply.

      In furtharance with the query :
      You have mentioned in your reply that
      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.
      Is this under the Bombay stamp Act.
      If yes, under which clause/article ....

      Or can you please provide with relevant case laws or a supporting document stating the same.

      The registrar at our end is not accepting the logic of Rs 100 per flat.
      He says Article 25 explanation says
      Provided further that, where subsequently a conveyance
      is executed in pursuance of such agreement of sale, the
      stamp duty, if any, already paid and recovered on the
      agreement of sale which is deemed to be a conveyance,
      shall be adjusted towards the total duty leviable on the
      conveyance.]
      ie. Calculate stamp duty payable on each flat at the day of conveyance and subtract stamp duty already paid. Balance to be paid at the time of conveyance.

      How do I make him understand about this.

      Regards
      Amitabh Mehata

      Delete
    3. Dear Mr Mehata,

      The Maharashtra State Budget 2013 announced on the 20th March, 2013 has clearly stated that if proper stamp duty has been paid on a registered agreement to sell treating it as a deemed conveyance then the subsequent conveyance deed will be executed on Rs.100/- only. This would apply to Deemed Conveyance in favour of Society also. Article 25 is soon being amended to reflect this. Please bring this to the attention of the Registrar/Sub-Registrar concerned. I expect that they have been notified of this much in advance.

      Regards,
      Sushant Shetty,
      Advocate.

      Delete
    4. Dear Mr Advocate Sushant Shetty

      Thankyou.

      Delete
  15. We are a registered hsg. coop. soc.
    We are trying to get conveyance of the Residential cum Commercial CIDCO tender plot from the builder , while doing so we came across that the Builder has not registered the Agreement to lease of the plot taken from CIDCO. And now for conveyance we require the registered Agreement to lease for which stamp duty is currently 5% of the Premium value of the plot. All members of the society have paid stamp duty on their respective flats/Office. My query is " Can our paid stamp duty which clubbed together is more than the 5% of the stamp duty on the Premium of the plot be considered for the deemed conveyance ?" Please advice and Oblige.

    Vishal Shah
    shahvishal20@gmail.com

    ReplyDelete
  16. we have applied for the deemed conveyance at DDR, when DDR issued notice why conveyance have done ?,he( BUILDER) suddenly replied that the said property is disputed and suit is going in session court of Mumbai.
    the society have all documents from IOD, C.C., O.C. 30 YEARS OLD SEARCH CERTIFICATES ISSUED BY BUILDERS ADVOCATE AND BUILDING PLANS, ARCHITECTS CERTIFICATES, LATEST PROPERTY CARD ,7/12 AND SO MANY ADDITIONAL DOCUMENTS. 100% REGISTERED MEMBERS DULY PAID STAMP DUTY & REGISTERED EVEN SOCIETY HAD PUT PUBLIC NOTICE IN THE LOCAL NEWS PAPER BEFORE APPLYING FOR THE DEEMED CONVEYANCE, NOBODY RESPONDED.IN THIS CONDITION CAN WE GET DEEMED CONVEYANCE?
    SHAH JAMAL

    ReplyDelete
    Replies
    1. Dear Mr. Iqbal,

      Yes. This question has come up on our blog several times before. Even though the suit is pending before the Courts, Deemed Conveyance is still possible. As long as the Conveyance of the property is not the subject matter of the suit, your Society should have no problem in obtaining permission of the court i.e. in this case the Sessions Court. At the outset it seems you have a good case since you have most of the requisite permissions.

      The problem is most cases we see is that litigant Societies go for Deemed conveyance through agents and touts to save a bit of money instead of going through a proper Advocate. Some Societies even hire CAs who are only interested in advance fees but have no clue how to proceed with the matter when they hear of things like court matters, legal encumbrances etc. On the other hand, builders always have the best of legal counsel on their panel who can prolong such matters indefinitely. Hiring a good decent lawyer is not at all expensive, can save a lot of money in the long run and can get an order for Deemed Conveyance in about 4-5 months.

      Though our blog is primarily for knowledge and informational purposes, seeing as to how laymen are taken for a ride by moneymaking racketeers like the aforementioned agents, touts etc., we have after a survey of many Societies and Advocates, made a list of genuine and reputed Advocates who have a good track record at these matters and are of a good standing in the office of the DDR. Please let us know if you want the list, please email us at mowingthelaw@gmail.com.

      Best Regards,
      Team of Mowing the Law



      “If you think hiring a professional is expensive, wait till you hire an amateur” - Red Adair

      Delete
  17. We are 7 memebers registered society in koparkhairane sect 19
    We are planning to go for the deedmed conveyance as land owners legal heris are not ready to give NOC / and asking for 1.5 lac as amount
    1. We have 12.5% plot cidco leased
    2. Society Regiseted , OC is available
    3. 170 sq ft plot area
    4. Development agreement is available

    In above scenerio can we apply for the deedmed conveyance

    ReplyDelete
  18. Dear Team of Mowing the Law,

    We are a registered co-operative Society In Bhayander (Dist : Thane) and have submitted the Application for Deemed Conveyance before DDR, Thane.

    After the scrutiny, we have received 8 objections which we have to comply. These objections are concerned with the documents to be submitted to them. One of the Objection is NOC from Estate Investment Company Pvt. Ltd who is the owner of the Land.

    I contacted the said company's manager and he informed me that NOC charges are Rs.100 per sq ft area. Our Building is situated on an area of 6,500 sq. ft.

    Thus my question is whether is liability is compulsory?

    Regards,
    (Secretary)

    ReplyDelete