info@shreeyanshlegal.com
+91-9920963730 / +91-9920963737

DEEMED CONVEYANCE OF SOCIETIES

deemed conveyance, conveyance in Mumbai, Society conveyance

DEEMED CONVEYANCE OF SOCIETIES


After the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body. In order to bring the name of the society/ legal body in the revenue record, a Competent Authority has been designated i.e District Deputy Registrar, who will hear the parties on the basis of applications received from the aggrieved party and decide the matter. In case the Competent Authority is satisfied that the society/legal body is entitled to get the conveyance of land and building, an appropriate order in favor of the society/legal body will be passed. After getting the favorable order from the Competent Authority, the society/legal body should prepare a unilateral conveyance deed along with deemed conveyance order and get the same registered with the sub-registrar of assurance after paying appropriate stamp duty. Getting the title of land and building by adopting the above procedure is known as a deemed conveyance.

THE PROCEDURE

Deemed Conveyance is a one of the legal process to get the conveyance of land and building in favour of the legal bodies. Once the Deemed conveyance is passed by the Competent Authority, unilateral conveyance deed as provided in MOFA will be executed by the society/legal body as per the order received from the competent Authority. Further, the same will be registered by paying appropriate stamp duty and registration charges. There is no appeal against the deemed conveyance order passed by the Competent Authority. However, the aggrieved parties can file a writ petition in the High court or in the Supreme Court under Article 226 of the constitution. Once the deemed conveyance order with Unilateral 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.

PAYMENT OF STAMP DUTY

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 has escaped the duty, the same will have to be paid at the time of registration of the deemed conveyance deed by the legal bodies and the same can be recovered from such flat owners.

CONSTRUCTION IN PHASES

In case of layout plot, the provision for part conveyance is already in existence on a proportionate basis. There are many complexes where the conveyance has been done for one of the societies in a layout plot. There are many judgments to provide part conveyance to one of the societies in layout plot. It has been clearly pointed out that in case of layout plot, the legal body will be entitled to get the proportionate undivided rights, title and interest in the layout plot based on the FSI/TDR used for the respective building out of the total development potential of the entire layout plot as on the date of conveyance of the land and the building and as per the disclosure made by the builder. In case the builder has not disclosed the same, the entire balance FSI/TDR will be transferred to the legal bodies proportionately otherwise it will be available to the builder.

DEEMED CONVEYANCE ORDER

Normally, the aggrieved party has to make the application to the competent Authority in the prescribed form with documents available against the builder, if he fails to convey the land and building to the legal body within 4 months of its formation.The Competent Authority shall scrutinize the application, collect the documents from the promoter/ builder or from the authorized  officer appointed by him and get the application admitted. After the admission of the application, the Competent Authority shall conduct the hearing and then take the appropriate decision, whether the applicant or the legal body is a fit case for granting the deemed conveyance. If he passes a favorable order, then he appoints an authorized officer, who shall execute the conveyance deed.


List of Documents required for Conveyance Deed

             

 

Please contact us for further query.

×
Hello
We are here to help you for any legal-non litigation/Court work?