Most of our citizens are unaware of what is the difference between the Deemed Conveyance and the Regular Conveyance?
In the case of Regular Conveyance, the builder/ Developer/ Landowner co-operates with the CHS and initiates the procedure of Conveyance thereby preparing a Conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without such problems, the legal bodies (in our case CHS) get the Conveyance with the co-operation of the builder/ landowner and original documents are handed over the new owners after completing all the necessary procedures.
In the case of Deemed Conveyance, the builder/ landowner and/or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of Conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who do not want to part with the land and the building in favor of the society. The builder/landowners do not wish to convey the property since they foresee a future commercial value of the property including usage of
potential FSI for their personal benefit.
The most common query that arises in minds of citizens ‘Are there any further problem/litigation in getting the Deemed Conveyance, if the builder/the landowner does not co-operate?
It may be noted that Deemed Conveyance is a final Conveyance. Once the Deemed Conveyance is passed by the Competent Authority, the Conveyance deed will be executed by the Authorized Officer in favor of the Legal Body as in our case CHS. Further, the same will be registered. There is no appeal against the Deemed Conveyance order passed by the competent authority unless there is a mistake or error in the order. Once the Deemed Conveyance order with Conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City
Survey office to incorporate the name of the legal body in the 7/12 extracts or in the property card as the case may be and/or both.
Provisions of Payment of Stamp Duty on Deemed Conveyance
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 including on all the transactions (Chain of Agreements) done in those flats. In case there are some flat owners who have not paid the stamp duty or have escaped/evaded the duty, the same will have to be paid at the time of registration of the Deed of Conveyance at Sub-Registrar’s office.
We would like to inform you that it is very essential for a Society to have the conveyance of the society plot in the name of society. The same can be done through the following ways;
A. Direct conveyance- Transfer by the Promoter/Developer/Land Owner.
B. Filing of Case under Consumer Protection Act-1986, or in Civil Court, or under MOFA Act 1963.
C. Unilateral Deemed Conveyance under the Maharashtra Co-op. Society Act, 1963.
NOTE: Option ‘C’ is widely preferred as it is the most hassle-free, easy and fastest mode of obtaining conveyance in favor of the society. We provide services for procurement of Unilateral Deemed Conveyance and allied work.