The Importance of having Conveyance done in Society’s favour.

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The Importance of having Conveyance done in Society’s favour.
Many builders have not conveyed the title of properties to the housing societies in the hope of availing more floor space index (FSI) that may become available, or the benefits accrued to them in case the property is redeveloped.
The Supreme Court order to demolish unauthorized floors at Mumbai’s Campa Cola compound sent shock waves through flat owners. Six societies were formed in the Campa Cola compound and despite requests made to the builders for conveyance, the same was not done.
In Mumbai, construction activities are regulated by mainly 2 Acts:
Maharashtra Regional Town Planning Act 1966 and D.C. Regulations 1991.
The Maharashtra government came out with a special law to enable co-operative housing societies (CHS) get deemed conveyance.
 A deemed conveyance is a document executed to transfer title of land and building in name of the housing societies.  After receiving complaints against builders for not transferring or conveying the property to the CHS, the concept of deemed conveyance was introduced in Maharashtra Ownership Flat Act (MOFA) amended – on 25 February 2008. The rules were effective from 27 September 2010. However, in Mumbai, where there are more than 23,000 CHS, only 87 have been able to get their deemed conveyance due to several flaws in the new system.
MOFA regulates the construction of property, once the conveyance is done the Maharashtra Cooperative Society Act takes over.  Under MOFA the definition of flat is very wide.
A builder in the past has sold common areas and amenities. There have been cases where the builder has sold terraces and car parking. Judgements in the past have gone in favour of the society. Courts have ruled that a garage is an attachment to a flat and cannot be sold separately.
Developers have been refusing to issue the certificate to housing societies across the state. In Maharashtra, there are 88,000 such proposals pending for last several decades. Mr Ramani who has been appointed by all the six societies in Campa Cola Compound to procure a deemed conveyance for them, pointed out that there are many legal issues that would arise out of the demolition.
For instance, he says, only 96 flats will be demolished, so who will have rights to the remaining FSI after the destruction? If the cooperative societies do not have the title to the land, how can they submit plans for fresh development to the municipal corporation?
Documentation for Deemed Conveyance
Documentation is a very important & crucial stage in the Procedure for Deemed Conveyance. It requires absolute focus & meticulous handling to ensure that all the required documents are obtained & organized in an appropriate manner.
The Land Revenue Records of recent origin are obtained by making applications to the respective Government Departments like City Survey Office, Tahasildar/ Talathi Office & District Collector Office. These documents are obtained typically within 8- 10 weeks.
The Municipal Corporation Records are obtained by making application to the Building Proposal Department of the Municipal Corporation. These documents are obtained typically within 8- 10 weeks.
In case it is difficult to obtain the Land Revenue Records & Municipal Corporation Records, Right to Information (RTI) may be invoked.
The Society Records are obtained from Society Office & the Professional Certificates are obtained from Professionals.
Following Documents are required to be prepared.
  • Deemed Conveyance Application- Form VII
  • Synopsis of the Case
  • Vakalatnama
  • Roznama
  • Society Special General Body Resolution
  • Letter of Authority
  • Affidavit by Authorised Representative
  • Affidavit by Society Secretary
  • List of Society Members including their Flat/ Shop Agreement Details
During the Documentation Stage, a Legal Notice is to be sent to the Land Owners & Property developers.
The complete set of the above Documents is to be annexed with the Deemed Conveyance Application- Form VII & to be filed in a neat & tidy manner.
The complete Deemed Conveyance Application- Form VII is to submitted to the Competent Authority- The District Deputy Registrar of Co- Operative Societies of the particular District.
The Documentation Stage from beginning to submission of Deemed Conveyance Application- Form VII can be successfully completed within 90 to 120 days.

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