What is deemed conveyance and how can a housing society obtain it from an unwilling builder?

Question

Our builder has not executed a conveyance deed in favour of our society even years after possession. What is deemed conveyance and how do we get it? Before I spend money on it, I want to know whether Maharashtra Ownership Flats Act 1963, Section 11 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Maharashtra Ownership Flats Act 1963, Section 11, Maharashtra Ownership Flats (Amendment) Act 2008, Section 5A and Registration Act 1908, Section 17 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 11 of the Maharashtra Ownership Flats Act 1963 obliges a builder or promoter to convey the land and building to the cooperative society or association of flat purchasers within four months of the society's formation, but builders frequently delay or refuse this without consequence otherwise.

Section 5A, introduced by the Maharashtra Ownership Flats (Amendment) Act 2008 and similarly available in comparable state legislations, allows a society or association to apply to the competent authority, typically the District Deputy Registrar of Cooperative Societies, for a unilateral 'deemed conveyance' where the builder fails to execute a voluntary conveyance.

The competent authority examines documents such as the commencement certificate, occupation certificate, list of flat purchasers and the society's registration, and can issue a deemed conveyance certificate that operates as a conveyance in favour of the society even without the builder's signature.

The deemed conveyance certificate must still be registered under Section 17 of the Registration Act 1908 to be legally effective and to enable the society to be recorded as the owner of the land and building in revenue records.

Obtaining deemed conveyance gives the society full ownership rights over the land and common areas, which is essential for undertaking redevelopment, raising loans against the property, or dealing with the land independent of the original builder.

What this means for you: 1) Ensure the society is validly registered and has full member records ready; 2) Send a formal demand to the builder for voluntary conveyance with a reasonable deadline; 3) Apply to the District Deputy Registrar for a deemed conveyance order if the builder does not comply; 4) Register the deemed conveyance certificate once granted to complete the transfer of title.

Where the facts are disputed, what usually decides a deemed conveyance matter is the paper trail — dated complaints, acknowledgments and written replies under Maharashtra Ownership Flats Act 1963, Section 11. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.