Deemed Conveyance:
Maharashtra Cooperative Society process of Deemed Conveyance. Deemed Conveyance is a legal provision in Maharashtra that allows the housing society to obtain the conveyance deed for the property even if the builder or the landowner has not executed and registered the deed voluntarily. This process empowers the cooperative housing society to become the rightful owner of the land and the building.
Here is a general overview of the process of Deemed Conveyance in Maharashtra:
- Eligibility:
- The cooperative housing society must be legally formed and registered under the Maharashtra Cooperative Societies Act, 1960.
- The society should have completed the construction and obtained the occupancy certificate.
- Resolution by the Society:
- The managing committee of the cooperative housing society must pass a resolution authorizing the filing of an application for deemed conveyance.
- Document Collection:
- Gather all relevant documents, including the property title documents, the building plan approval, the occupancy certificate, and any other documents related to the property.
- Appointment of Consultant:
- Many societies hire a legal consultant or a deemed conveyance expert to guide them through the process and prepare the necessary documentation.
- Application to Competent Authority:
- Submit an application for deemed conveyance to the Competent Authority, which is typically the Deputy Registrar of Cooperative Societies.
- Verification by Competent Authority:
- The Competent Authority will verify the application and may ask for additional documents or information.
- Notice to Concerned Parties:
- The Competent Authority issues notices to the builder, landowner, and any other concerned parties, informing them of the application for deemed conveyance.
- Hearing:
- A hearing is conducted where all concerned parties can present their arguments and objections.
- Order by Competent Authority:
- Based on the evidence and submissions, the Competent Authority will pass an order either granting or rejecting the deemed conveyance.
- Registration of Conveyance Deed:
- If deemed conveyance is granted, the society can proceed to register the conveyance deed with the Sub-Registrar of Assurances.
- Transfer of Property:
- Once the conveyance deed is registered, the society becomes the legal owner of the land and the building.
It's important to note that the process may vary, and the society may face challenges from builders or landowners who may oppose the grant of deemed conveyance. Legal guidance and documentation expertise are crucial in navigating this process successfully. Cooperative housing societies should seek our professional assistance to ensure a smooth and effective deemed conveyance process.