Deemed Conveyance Services

    • What is Conveyance?

Conveyance is a transfer of the Title of Land by the Owner / Landlord / Builder / Developer / Promoter in favour of the legal entity (mainly Society) by execution of Conveyance Deed.

    • Why Conveyance?

Conveyance gives Society absolute title over the plot of land. Conveyance facilitates the society to proceed for redevelopment, if necessary.

    • When is Conveyance to be executed?

A Conveyance Deed is to be executed within 4 months from the date of registration of the Society.

    • Benefits of Conveyance

a) Legal title in the name of the Society.
b) Monetary Benefit in terms of unused / additional FSI / TDR developments.
c) Compensation of Set Back Area, if any, will go to the Society.
d) Possibility of rental income to the Society e.g. Mobile Tower, Advertisement Hoardings etc.
e) Loans can be raised for heavy and extensive repairs to the building.
f) Attaining main object of the society.

    • Disadvantages, if Conveyance is not done

a) Building cannot be reconstructed, without prior approval of the Owner / Landlord / Builder / Developer, if existing structure is dilapidated due to damage, old age or any natural calamities like earthquake etc.
b) Builders / Landowner / Promoter may demand huge consideration amount for executing conveyance if substantial time has passed from the date of formation of society.

  • Reasons for Conveyance not done

a) Inaction / Ignorance / Lack of knowledge / Information on the part of Society / Committee.
b) Non- initiative / non co-operation of the Landowner / Builder / Developer / Promoter.
c) Non-availability of Documents (Most common).
d) Fear of Litigation and Expenditure.
e) Non-attendance to the subject by the Society / Committee due to scarcity of time and knowledge.
f) Non – cooperation from members.

  • Remedies available for Conveyance not executed (for no fault of society)

a) Through City Civil Court:
i) As per Bye Law No. 175 C (c), society can file suit pertaining to the conveyance.
ii) under Specific Relief Act, 1963 a suit can be filed for the specific performance of the contract.

b) Through Magistrate Court:
Society can file Criminal Case u/s 13 of the Maharashtra Ownership of Flat Act, 1963.

c) Through Consumer Court:
Society can approach under Consumer Protection Act, 1986 for unfair trade practice and deficiency in service against the Developer

d) Through Deemed Conveyance:
Society can approach District Deputy Registrar, Co- operative Societies, Competent Authority appointed under Section 5A of the Maharashtra Ownership of Flat Act, 1963.

  • Misconception about Conveyance

a) That physical possession of society premises for continuous period of 12 years does not require separate Conveyance.
b) That full payment of Stamp Duty by all members of the society and subsequent Registration thereof does not require separate Conveyance.

  • Deemed Conveyance & Regular Conveyance

Deemed Conveyance is obtained as a legal remedy against the defaulter Builder / Landowner who do not want to part with the land in favour of the society. In case of regular conveyance, the builder / Developer / Landowner prepare a Conveyance Deed, execute the same and appear before the Sub – Registrar of Assurance for admitting their signature. Either way Conveyance is necessary.

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