Ask the committee of an old society in Andheri, Goregaon, Malad, Kandivali or Borivali whether the society owns its land, and the answer is often a surprised silence. The society was registered decades ago, members have share certificates, but the land is still in the name of the original builder or landowner. Nobody notices, until redevelopment begins and the developer asks for the title.
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What conveyance means
Conveyance is the registered transfer of ownership of the land and building from the builder (promoter) to the society. Under Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963, the promoter was legally bound to execute this. For newer projects, RERA also requires conveyance within a set time after the occupation certificate. Many builders simply never did it.
Why it matters for redevelopment
- Only the owner can sign a development agreement. Without title, the society cannot give development rights to a developer.
- FSI and TDR. The society’s claim to the full plot’s potential, including any balance FSI, depends on owning the land.
- The old builder can create trouble. An owner who never conveyed the land may claim a share in the redevelopment, or may have sold rights to someone else.
- Developers discount untitled plots, or walk away from them.
Deemed conveyance: the legal shortcut
Since 2008, Section 11(3) of MOFA lets a society get conveyance even if the builder refuses or cannot be found. The District Deputy Registrar of Co-operative Societies, acting as the competent authority, can issue an order and have the conveyance executed in the society’s favour. This is called deemed conveyance.
The process in brief
- Write to the builder or landowner demanding conveyance, followed by a legal notice through an advocate.
- Pass a general body resolution to apply and authorise office-bearers.
- File the application with the prescribed form and fee (applications are now made online).
- The authority issues notice to the builder and landowner and holds hearings. If they do not appear, it can decide without them.
- After the order, the conveyance deed is adjudicated, stamp duty is paid, and it is registered.
- Finally, get the property card and records updated in the society’s name.
Documents usually needed
- Society registration certificate and list of members
- Registered agreements for sale of flats (or a representative set) with Index II
- Proof of stamp duty paid on flat agreements
- Property card or 7/12 extract, and city survey plan
- Approved building plans, completion or occupation certificate (if available), and NA order
- Title search report, often covering 30 years
- Architect’s certificate of plot area and FSI used
- Copies of the notices sent to the builder
Common problems
- Missing old agreements. Many original flat agreements were never registered or were lost. Fixing stamp duty on them can be a step in itself.
- Several buildings on one layout. The plot may need to be divided first between societies.
- Title disputes. The authority grants conveyance; it does not settle deep ownership disputes, which may go to court.
Our advice: if your society is even thinking of redevelopment in the next few years, start the conveyance process now. It is the single most valuable document your society can have.
Not sure where your society’s title stands? Mungekar Realty helps societies across Mumbai check their title and get ready for redevelopment. Call 98207 44734 or visit mungekarrealty.com.
This article is general information and not legal advice. Please consult an advocate for your society’s conveyance.