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Conditions for deemed conveyance being relaxed to benefit 5000 housing societies

Monday, July 17, 2017
By Raju Vernekar

The state cooperative department has agreed to relax conditions related to deemed conveyance given to co-operative housing societies, in absence of the occupation certificates issued by local bodies including the BMC. The above assurance was given by Chief Minister Devendra Fadnavis and Cooperation Minister Subhash Deshmukh to the delegation of BJP MLAs led by Mumbai BJP President and MLA Ashish Shelar on Friday. The delegation brought it to the notice of the chief minister that over 5000 cooperative housing societies in Mumbai were yet to get the occupation certificates and resultantly the deemed conveyance was also delayed. Besides, many housing societies were keen for redevelopment but they couldn’t go ahead with redevelopment for want of conveyance. As such the CM agreed to do away with the scheme of deemed conveyance, Shelar told The Afternoon D & C and added that the decision will give relief to the housing societies. As of now nearly 85 per cent of co-operative housing societies (CHS) in Mumbai are yet to get the conveyance from their builders.The condition is same elsewhere in Maharashtra.

Although the process is simple, people find it difficult to collect required documents from several departments for obtaining deemed conveyance. Since the developers were delaying the process of handing over the possession, the scheme of “deemed conveyance” was started by the then Congress Government. It was extended twice and was to close on 31 December 2014. However it continued.

According to Maharashtra Societies Welfare Association ( MSWA) President Ramesh Prabhu, “There are three options for getting conveyance—through builder, through court case or through deemed conveyance. As per the law, the builder or developer is supposed to provide conveyance for a cooperative housing society (CHS) within four months of establishing the CHS. As such four months after setting up a CHS, it is ‘deemed’ to have a conveyance in place. But it is required to be get documented in government records.”

“In case of the developer or builder and land owners (together promoters) are not willing to or ready to sign the conveyance deed, then as per the law, the District Deputy Registrar (DDR) a competitive authority signs it as promoter/s. In addition, even if there is a court case pending, the DDR as statutory authority can give the deemed conveyance in favour of the CHS,” he added.

One of the issues raised in deemed conveyance applications is that there are two or more buildings on adjacent plots owned or developed by the builder. However “There are several court judgements which say that two or more CHS on a single plot of land can also go for deemed conveyance separately. For flat owners in buildings developed by MHADA or given on lease by CIDCO, there are separate provisions, and the CHS can approach the respective authorities, Prabhu added.

The conveyance of a property is transferring the rights, title, interest and ownership of the Property from the seller to the Purchaser. In case of a CHS, (formed by the flat purchasers/ owners under the provisions of Maharashtra Co- Operative Societies Act, 1960), it is the transfer of rights, title, interest and ownership of the land and building from the land owner developer to the CHS. The conveyance is to be executed by way of Conveyance Deed between the land owners & the CHS, where the developer is the confirming Party. This Conveyance Deed is required to be adjudicated & properly stamped as per the Bombay Stamp Act, 1958 & thereafter Registered as per the Registration Act, 1908.

After the land and building is conveyed in favour of the CHS and the title of the property is fully and finally recorded in the property card and other revenue records then only the CHS, becomes absolute owner of the property and the title of the CHS becomes completely free.

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