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'C' for Conveyance...

Saturday, April 21, 2018

Nearly 85% of co-operative housing societies (CHS) in Mumbai alone do not have conveyance from their builders. It is the same elsewhere in Maharashtra. Although the process is simple, people find it difficult to collect required documents from several departments for obtaining deemed conveyance. Ramesh S. Prabhu explains the procedure in detail

One can use innovative methods like procuring information under the Right to Information (RTI) to obtain all the documents from several departments. Many housing societies are keen for redevelopment, but they cannot go ahead with redevelopment for want of conveyance.

There are three options for getting conveyance—through builder, through court cases or through deemed conveyance. As per the law, the builder or developer is supposed to provide conveyance for a CHS within four months of establishing the CHS. Therefore, one can safely say, four months after setting up a CHS, it is ‘deemed’ to have a conveyance in place. Only thing required is to get it documented in government records.

In case 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) as competent 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.

What is deemed conveyance and how to obtain it?
As per the provisions of section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organisation of persons who had bought the flat (i.e. co-operative society, CHS, home buyer, apartment owner, etc). The Conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).

Many a times it is found that 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. In such cases, members of the CHS can get the deemed conveyance from the authorities.

The buyer, after forming a co-operative housing society (or CHS), also can approach the competent authority for obtaining a unilateral deemed conveyance in favour of the legal entity i.e. co-operative society, CHS, apartment or a company.When the developer and land owners (promoters) are ready to sign the deed, the CHS can opt for conveyance deed. In case, either the promoters are not ready or not available, then the CHS can opt of unilateral or deemed conveyance. In both cases, either the developer or builder or the CHS have to file an application in prescribed format (form No.7) before the sub-registrar.

Detailed procedure
The competent authority on receiving such application shall, within reasonable time, but in any case not later than six months after making such enquiries as deemed necessary, after verifying authenticity of the document submitted, after giving the promoter reasonable opportunity for being heard, shall issue a certificate to the sub-registrar or any other appropriate registration authority under The Registration Act, 1908. This certifies that there is a fit case for enforcing unilateral execution of Conveyance Deed, conveying the right title and interest of the promoters in the land and building in favour of the applicant as Deemed Conveyance.

Submissions made by the co-operative society or apartment owner to the sub-registrar shall, (or the appropriate registering authority), on the basis of the certificate issued by the competent authority, along with the unilateral instrument of conveyance, notwithstanding anything contained in The Registration Act, 1908, issue summons to the promoters as to why unilateral instrument should not be registered as Deemed Conveyance.

After giving the promoter reasonable opportunity of being heard, after being satisfied that is a fit case for unilateral conveyance, (the competent authority or sub-registrar) shall register instrument as deemed conveyance.

(Ramesh S. Prabhu is Chairman, Maharashtra Societies Welfare Association)

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