Legal & Documents
What is Deemed Conveyance?
The law that exists because builders so reliably did not do what they were obliged to do.
The short answer
Deemed conveyance lets your society obtain title to the land without the builder's signature.
Where a promoter has refused, delayed for years, or simply disappeared, the society applies to a Competent Authority, which — after due process — signs the conveyance in the builder's place.
The builder cannot block it. That is the entire point.
Why deemed conveyance exists
Because ordinary conveyance so often didn't happen.
Maharashtra's MOFA required promoters to convey the land to the society within four months of its formation. Vast numbers didn't. Societies wrote letters. Builders ignored them. Decades passed. Buildings aged. And when redevelopment finally became necessary, residents discovered that the land they had been living on for forty years belonged to a company that no longer answered the phone.
So Maharashtra created a mechanism to take the builder's signature out of the equation. Other states have followed, in various forms.
Laws are written in response to things. A law that lets a Competent Authority sign a conveyance in place of a builder exists because builders, in enormous numbers, did not sign.
That is worth remembering when a sales executive tells you conveyance will be done 'in due course'.
Who can apply
The society — not an individual flat owner. Which means the first step is always: form the society.
Broadly, you may apply where:
- The society is registered
- Most or all flats have been sold and possession given
- The promoter has failed to convey within the statutory period
- The society has asked, in writing, and can prove it
The documents you'll need
| Document | Why |
|---|---|
| Society registration certificate | Proves the applicant exists as a legal body |
| List of members, with flat details | Establishes who the flats belong to |
| Sale deeds / agreements of the members | Proves the flats were sold by the promoter |
| Approved building plan | Establishes what was built and permitted |
| Occupancy / completion certificate | Establishes the building is complete |
| Property card / 7-12 extract | The land record showing current title |
| Index II of the registered agreements | The sub-registrar's record of the transactions |
| Correspondence with the builder | Crucial. Proves you asked and they didn't act. |
| Non-agricultural order / land conversion | Establishes the land use is lawful |
| Stamp duty and registration payment | Payable on the land value |
The correspondence file is the one societies wish they had. Write to the builder formally, by registered post, and keep everything. It is the evidence on which the whole application rests.
The process
- Form and register the society.
- Write to the builder formally, by registered post, asking for conveyance. Keep the receipt.
- Wait the statutory period. Then write again.
- Assemble the documents. This is the slow part; start early.
- Apply to the Competent Authority — in Maharashtra, the District Deputy Registrar of Co-operative Societies.
- Notice is issued to the builder, who is given an opportunity to be heard.
- Hearings. Several, usually.
- The Authority passes an order and issues a certificate.
- Pay stamp duty and register the deemed conveyance deed.
- Update the property card in the society's name.
6 months to 2 years is normal. Longer is common.
It costs money — stamp duty on the land value, legal fees, and an enormous amount of somebody's unpaid time.
It is worth it. A society that owns its land can redevelop; one that doesn't, cannot. But it is far, far easier to get conveyance done properly, on time, while the builder still has a reputation to protect and other flats to sell in your project.
Ask for it early. Ask in writing. Keep the file.
Conveyance vs deemed conveyance
| Conveyance | Deemed Conveyance | |
|---|---|---|
| Who does it | The builder, voluntarily, as they are obliged to | The society, unilaterally, when the builder won't |
| When it happens | After the society is formed and all flats are sold. Maharashtra's MOFA requires it within 4 months of society formation. | When the builder has failed, refused, or vanished |
| Who signs | Builder and society | The Competent Authority signs in the builder's place |
| Where you apply | Sub-registrar, as a normal registration | The Competent Authority — in Maharashtra, the District Deputy Registrar of Co-operative Societies |
| Time | Weeks, if the builder cooperates | 6 months to 2 years. Sometimes longer. |
| Cost | Stamp duty + registration on the land value | The same, plus legal costs and a great deal of your time |
| Builder can block it? | They simply don't do it — that's the problem | No. That is the entire point of the mechanism. |
Deemed conveyance exists because ordinary conveyance so often didn't happen. Maharashtra pioneered it. If a builder had reliably done what they were obliged to do, the law would never have needed inventing.
Frequently asked questions
What is deemed conveyance?
A legal mechanism allowing a housing society to obtain title to its land unilaterally, through a Competent Authority, where the builder has refused or failed to execute conveyance. The Authority signs in the builder's place, and the builder cannot block it.
Who can apply for deemed conveyance?
The society — not an individual flat owner. So the first step is always to form and register the society. Broadly you need a registered society, most flats sold and possession given, a promoter who has failed to convey within the statutory period, and written evidence that you asked.
How long does deemed conveyance take?
Six months to two years is normal, and longer is common. It involves assembling a substantial document set, an application to the Competent Authority, notice to the builder, several hearings, and finally an order. It works — but it is far easier to obtain ordinary conveyance on time, while the builder still has flats to sell and a reputation to protect.
Can the builder stop a deemed conveyance?
No. They are given notice and an opportunity to be heard, but they cannot veto it. That is the entire purpose of the mechanism — it exists precisely because builders were, in enormous numbers, simply not signing.
What documents are needed for deemed conveyance?
Society registration certificate, member list, members' sale deeds, approved building plan, occupancy certificate, property card or 7/12 extract, Index II of the registered agreements, land conversion order — and, crucially, your correspondence with the builder proving you asked and they didn't act. Write formally, by registered post, and keep everything.