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DEEMED CONVEYANCE BEFORE REDEVELOPMENT OF HOUSING SOCIETY

The non-availability of Conveyance of Land to thousands of Co- Operative Housing Societies in Maharashtra is a burning issue which has led to many problems for them. The major problem is with respect to the Re-Development of such Societies which are about 30-40 years old and are having their buildings in irreparable and dilapidated conditions.

On February 28th, 2008 the President of India had approved amendments in Maharashtra Ownership Flats Act (MOFA) giving the right of Deemed Conveyance to the Co- Operative Housing Societies. The highlights of these amendments are that the State Government has empowered the District Deputy Registrars of Co-operative Housing Societies to act as Competent Authority for the area under their jurisdiction for granting the Deemed Conveyance to the Co- Operative Housing Societies.

When the Property Developers/Promoters and Land Owners do not co-operate with the Co-operative Housing Society to execute & register the conveyance of land and building, the aggrieved Co-operative Housing Society can under latest Amendments of Sec. 11 of MOFA can apply for the Deemed Conveyance, in prescribed form before the Competent Authority. The Competent Authority upon scrutinizing the Application, Verifying the Authenticity of the attached documents and after Hearing the concerned parties, if satisfied will pass the necessary Order in accordance with the amended rules of MOFA.

The Competent Authority shall issue the Order certifying that it is a fit case for enforcing the execution of Deemed Conveyance. The Order shall enable Conveying the Right, Title and Interest in the Land and Building and ownership in favour of the applicant Co-operative Housing Society under latest Amendments of Sect. 11 of MOFA.

When the Property Developers/Promoters and Land Owners do not execute the Conveyance in favour of the Co-operative Housing Society then the Co-operative Housing Society can approach the Competent Authority (the District Deputy Registrars of Co-operative Housing Societies) for the Deemed Conveyance.

The Co-operative Housing Society can make the application to the Competent Authority in prescribed Form VII along with Copies relevant Revenue Records, Municipal Corporation Records, Society Registration Certificate, Registered Agreements of all Members etc.

The Competent Authority scrutinizes the application & verifies the authenticity of the documents produced. The Competent Authority gives a reasonable opportunity to the Property Developers/ Promoters and Land Owners to file their say during the hearings. After the scrutiny, verification and hearings, if the Competent Authority is satisfied, issues the order as per the amended rules of MOFA.

The Competent Authority issues the order to the Sub- Registrar (the registration officer under the Registration Act, 1908) that it is a fit case for enforcing the Execution of Conveyance Deed. Under Section 11(4) of MOFA the rights, titles and interests of the Property Developers/Promoters and Land Owners can be conveyed to the applicant Co-operative Housing Society.

The Co-operative Housing Society shall then approach the Sub- Registrar (the Registration Officer under the Registration Act, 1908) with the Conveyance deed and the Deemed Conveyance Order for Registration of the Conveyance. The Sub- Registrar if satisfied shall register the Conveyance Deed.

After the registration of the Conveyance Deed the Co-operative Housing Society shall approach various Government Agencies to change the Land Revenue Records in favour of the Co-operative Housing Society.

The following sets of Documents are required from the Society for obtaining order of "Deemed Conveyance".

FROM SOCIETY:

  1. Society Registration Certificate

  2. List of Members

  3. Copies of Registered Agreements (Chain of Registered Agreements in case of Re- Sale) for all Flats/ Shops with Stamp Duty, Registration Receipts & Index II details

FROM MEMBERS:

  1. Stamp Duty & Registration receipt of all the members

  2. Stamp Duty & Registration receipt of all the Re-sale flats

  3. Index II of all the agreements

FROM DEVELOPER/LAND OWNERS:

  1. Development Agreement

  2. Death Certificate of owners of the land who have expired

  3. Partnership deed of the partners

  4. Partnership Deed Registration Proof

  5. Conveyance Agreement with the Builder

  6. Will, Probate Copy, in case the development agreement is    signed by legal heirs

  7. Land Agreement (with the earlier and Builder)

FROM CITY SURVEY OFFICE/TALATI/TAHSILDAR OFFICE:

  1. 7/12 Extract

  2. Village Form No.6

  3. Property Card

  4. City Survey Map

FROM COLLECTOR’S OFFICE:

  1. N.A Order

  2. U.L.C Order

  3. N.A Tax paid Receipt

FROM LOCAL AUTHORITY/BMC:

  1. BMC approved Plan

  2. BMC (IOD)

  3. BMC (Commencement Certificate)

  4. BMC (Occupation Certificate)

  5. BMC (Building Completion Certificate)

  6. BMC (Latest Property Tax Paid)

  7. Location Map

FROM PROFESSIONALS:

  1. Survey Report – From Architect/Survey Engineer

  2. 30 Years Search Report & Title Certificate – From an Advocate

 

"Court Fee Stamp of Rupees 2000/-"

FORM OF APPLICATION FOR DEEMED CONVEYANCE
FORM VII
(See rule 12)

Form of Application under sub-section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 to issue a Certificate for  Deemed Conveyance or Registration of Declaration in favour of the Applicant.

Before the Competent Authority at: ...........................................

Application under Sub-Section (3) of Section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, Sale, management and transfer) Act, 1963

Application No............................of..............20.......................
............................................................................Applicant/s;
Versus
.............................................................................Promoter/s Opponent/s.

The Application/s above named state as follows:

    1. The Applicants are the members of a Co-operative Housing Society formed under Section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer ) Act, 1963 duly registered under the
      Maharashtra Co-operative Societies Act/the Company/ Association of Apartment takers having its registered office at (address)............................................................................................
      ..........................................................................................(hereinafter referred to as "the said Society"/"said Company"/ "said Association of Apartment-takers").

 

  1. The said Society/the said Company/the said Association of Apartment takers is in possession of a Plot of land bearing Survey No............................,Hissa No............................, City Survey No............................ admeasuring ...........................sq. metres, (hereinafter referred to as "the Suit Premises") – Hereto Annexed and marked as exhibit No............................is the copy of Registration Certificate of the said Society/the said Company/the said Association of Apartment takers.

  2. The Applicant states that the building of the said Society/the said Company/the said Association of Apartment-takers consist of.............wings/.........................building known as............................ (Give the description here)

  3. The Applicant states that the Opponent has entered into an Agreement for sale of flats/shops with the individual purchasers of the flat/shop as required by Section 4 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and all Agreements are duly stamped as required under the Bombay Stamp Act, 1958 and also duly registered as required under the Registration Act, 1908. The Opponent has agreed to convey the suit premises with the entire building constructed thereon (hereinafter referred to as "the said Property") to the said Society/the said Company/the said Association of Apartment-takers within the period agreed upon in the Agreement or within a period of four months from the formation of the said Society/the said Company/the said Association of Apartment-takers, as provided in Rule 9 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Rules, 1964. The copy of the said Agreement for Sale executed with one of the flat/shop purchaser Mr./Mrs..................................with the Opponent No................. is enclosed herewith and marked as Exhibit No............., and a list of present members with the details of Flat Number, Area, Stamp Duty Paid, Registration Number, Registration Fees paid, etc., is given in Exhibit No.............................

  4. The Opponents have failed to execute a conveyance for conveying the right, title and interest of the promoter in the land and building in favour of the Applicants, which they are legally entitled to have and enjoy as provided under the said Act and the Rules made there under. (In case of Association/Condominium to be submitted under Apartment Ownership Act, as per the desire of flat purchasers, the fact should be mentioned and the failure of the promoter in complying with the provisions of the law should be brought out here)

  5. The Applicant is, therefore, entitled to have a certificate issued by this Competent Authority that the Applicant is entitled to have a Deemed Conveyance in respect of the suit premises under section 11 of the said Act.

  6. Accordingly, this Competent Authority be pleased to issue a certificate of entitlement of  conveyance of land admeasuring ............sq. metres as specifically set out in (the Property Registration Card) the copy of the Agreement dated................................along with building situated at Plot No......................bearing Survey No...................................Hissa No......................at..................(Name of the place) in favour of the Applicant as the same falls within jurisdiction of this Hon'ble Competent Authority.

  7. The Applicant will rely upon a list of documents, which is annexed hereto.

  8. The Applicant therefore prays that:

    1. This Hon'ble Competent Authority be pleased to grant a Certificate that the Applicant is entitled to have an  deemed conveyance of Suit Premises under Section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 and to have it registered.

    2. For costs of the application to be provided.

    3. For such other reliefs as this Hon'ble Competent Authority may deem fit.

Sd/- Sd/-
Advocate/Authorised Applicant.

Representative for Applicant:

VERIFICATION
I, Shri ..................................................Member of the Applicant and Authorised Representative above named, residing at ......................... floor ....................................................Co-operative Housing Society Ltd.......................................do hereby state on solemnly affirmation that what is stated in the foregoing Application is true to my own knowledge and 1 believe the same to be true.

Solemnly declared at.............................

This.........day of................20..........................

(Sd/-)

 

Before me

Sd/-                               Sd/-

Advocate/Authorised
Representative for Applicants                       Notary Public

 

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