Deemed Conveyance
End Developer Delays: Get Your Deemed Conveyance Done Right
“Is your housing society struggling to get its conveyance deed from the developer? Our specialized Deemed Conveyance service helps your society legally acquire the land and building, ensuring clear ownership and future security.”
Our Comprehensive Deemed Conveyance Service Includes
Our dedicated team of legal experts and property consultants provides end-to-end support throughout the Deemed Conveyance process, ensuring a smooth and successful outcome for your society. Our service covers:
- Thorough Document Scrutiny & Collection:
- Assistance in gathering all necessary documents from your society members and the developer (if available), including:
- Copy of the Housing Society Registration Certificate.
- List of Flat Owners and their respective Sale Agreements/Allotment Letters.
- Architect’s Certificate (Area Statement, List of Members).
- Approved Building Plan and Commencement Certificate.
- Occupancy Certificate (OC) or deemed OC documentation.
- Land records (e.g., 7/12 Extract or Property Card).
- Development Agreement (if any) between landowner and developer.
- Copies of Stamp Duty and Registration Receipts for all flats.
- Assistance in gathering all necessary documents from your society members and the developer (if available), including:
- Legal Notice to Developer:
- Drafting and serving a formal legal notice to the developer, demanding the execution of the Conveyance Deed.
- Application Preparation & Filing:
- Meticulous preparation of the Deemed Conveyance application to the Competent Authority.
- Ensuring all forms, affidavits, and annexures are accurately filled and submitted as per relevant regulations.
- Representation & Hearings:
- Representing your society during all hearings before the Competent Authority.
- Presenting arguments, submitting required documents, and addressing any queries raised by the authority.
- Order Procurement & Registration:
- Once the Competent Authority passes the Deemed Conveyance Order, we facilitate its stamping and registration with the Sub-Registrar of Assurances.
- Ensuring the necessary changes are made in the land records to reflect the society’s ownership.
- Post-Conveyance Formalities:
- Guidance on subsequent steps like property tax assessments, mutation entries, and other record updates.
- Calculation of Stamp Duty & Registration Fees:Accurate calculation of applicable stamp duty and registration fees based on the ready reckoner rates and property details.
Why Your Housing Society Needs Deemed Conveyance
For countless housing societies, the dream of owning their building and the land it stands on remains unfulfilled. Developers, despite legal obligations, often fail to execute the Conveyance Deed, leaving societies in a vulnerable position.
Without a proper Conveyance Deed (or Deemed Conveyance), your society faces significant risks:
01
No Legal Ownership
The developer remains the legal owner of the land, even after selling all flats.
02
Difficulty in Redevelopment
Without clear title, undertaking crucial redevelopment projects becomes incredibly challenging, if not impossible.
03
Mortgage & Loan Hurdles
Individual flat owners may face issues mortgaging their flats if the society itself doesn’t have a clear title to the land.
04
Transfer Restrictions
Future flat transfers might encounter legal hurdles due to ambiguous land ownership.
05
Exploitation by Developer
Developers might misuse the open spaces, FSI/TDR rights, or even create third-party interests on the land.
06
Service Tax Issues
Societies without conveyance often face difficulties regarding service tax on maintenance charges.
07
Government Scheme Exclusion
Inability to benefit from government schemes for housing societies due to lack of ownership.
Our Seamless Deemed Conveyance Process for Your Society
We understand that Deemed Conveyance can seem daunting. Our streamlined process ensures clarity and efficiency at every stage
Initial Consultation & Feasibility Check
Schedule a consultation with our experts. We'll assess your society's eligibility, explain the process in detail, and outline the required documents.
Document Compilation & Verification
Our team assists your society in systematically gathering and verifying all necessary documents.
Application Filing & Follow-Up
We prepare and file the complete application with the Competent Authority, meticulously tracking its progress.
Hearings & Legal Arguments
We represent your society during all official hearings, presenting a robust case for Deemed Conveyance.
Order & Registration
Upon receiving the Deemed Conveyance Order, we ensure its proper stamping and registration, legally transferring the title.
Final Handover & Guidance
We hand over all original documents to your society and provide guidance on post-conveyance formalities.
Who Needs Our Deemed Conveyance Service?
Why Choose Property Resolve for Your Society's Deemed Conveyance?
- Expertise in Conveyance Laws: Deep understanding of relevant land laws, cooperative society acts, and property registration procedures.
- Experienced Legal Team: Our reports are prepared and cases handled by qualified and seasoned property lawyers and consultants.
- End-to-End Service: We manage the entire process, from document collection to final registration, minimizing your society’s burden.
- High Success Rate: Our proven track record in securing Deemed Conveyance for numerous societies.
- Transparent Process: We keep your society informed at every step, providing clear communication and regular updates.
- Cost-Effective Solutions: Competitive pricing with no hidden charges.
Client-Centric Approach: We prioritize your society’s needs, offering personalized attention and dedicated support.
Frequently Asked Questions
Deemed Conveyance is a legal process where a Co-operative Housing Society can obtain unilateral conveyance of the land and building from the developer by applying to the Competent Authority, if the developer fails to execute the regular Conveyance Deed within the stipulated period (usually a few months after society formation or occupancy certificate).
It's 'deemed' because the Competent Authority, by its order, treats the title as transferred to the society, even without the developer's direct cooperation or signature on a new deed. The order itself acts as the Conveyance Deed.
It grants the society clear legal ownership of the land and building, enabling them to undertake redevelopment, obtain loans, manage the property effectively, and secure the future of all flat owners.
Even if the land is mortgaged by the developer, a Deemed Conveyance order can still be obtained. However, the order might specify that the society gets the land subject to such encumbrances. This requires careful legal handling.
The Society Registration Certificate, individual flat owners' Sale Agreements/Allotment Letters, Architect's Certificate, relevant land records (e.g., 7/12 Extract or Property Card), and approved building plans are among the most crucial documents.
While not strictly "mandatory" by a penalty, it is highly advisable and legally enforceable. It is the fundamental right of a housing society to have the land and building conveyed to it.
The Competent Authority presides over the Deemed Conveyance application, hears both parties (society and developer), and passes the order to deem the conveyance.
Ready to Secure Your Society's Future?
Don’t let developer delays hinder your society’s growth and security. Take control of your property’s ownership today.
Contact us for a Free Consultation on Deemed Conveyance!