Deemed Conveyance

Office No-2, Sea Belle CHS, I.C.Colony, ( Near 206 Last Bus Stop ), Borivli (West), Mumbai 400103. Call Us On 28950090 / 9820202142. Email:landguruz@gmail.com

There are five stages to complete the Conveyance of land and building in favour of the Society even under Deemed Conveyance.

·         Collect the relevant Documents such as Society Registration Certificate, Property Card or 7/12 Extracts, Building Approved Plan, Copies of Agreement for Sale of flat purchasers, Registration Receipts, Stamp Duty paid proof, Non Agricultural Order, ULC Order, Search Report, Layout Plan, City Survey Map, Architect Certificate about the utilization of FSI and the proportionate land entitlement Occupation Certificates, Draft Conveyance Deed etc.

·         Make an application before Competent Authority, make a written submission, attend the hearing, argue the case and obtain the Order.

·         Prepare a Conveyance Deed and submit the same before the Collector of Stamps for determining the payment of Stamp Duty along with the proof of payment of Stamp Duty by all individual flat purchasers including chain of Agreements and Registration Receipts. Pay the deficit Stamp Duty, if any; and obtain the certified copy of the Conveyance Deed.

·         Submit before the Sub-Registrar for registration of the same under Indian Registration Act, 1908 by paying necessary registration fees and all relevant annexure. Obtain the original Conveyance Deed and also certified copy of Index II from the Sub-Registrar.

·         Apply to the City Survey Office or Talati Office to incorporate the name of the Society in the Property Card or in 7/12 extract. The City Survey Officer or the Talati Officer shall carry out the necessary enquiry; carry out the survey and then make necessary changes in their record.

Societies should take all efforts to get the Order of Deemed Conveyance from the Competent Authority as it is equivalent to the Civil Court Order and the Society shall get the legal rights over the land and the building. Thereafter, the builder or land owner cannot demand any money from the Society for Conveyance nor will the builder be able to utilise the additional FSI or TDR and carry out additional construction on such land. The Competent Authority as per MOFA is bound to give judgment within six months from the date of filling applications.

The payment of Stamp Duty, Registration Fees etc. can be done after obtaining the Deemed Conveyance Order. The Association has also represented before the Government to register Deemed Conveyance Deed and recovery of pending Stamp Duties separately from individual members and not to make Societies responsible for the same.