Why Is Deemed Conveyance Considered a Legal Remedy?

Imagine living in your apartment for years - paying maintenance, handling repairs, and attending society meetings - but not actually owning the land your building is on.

Sounds unfair, right? This is the situation many housing societies in India face because the builder hasn’t given them the conveyance deed.

Thankfully, there’s a strong legal solution for this: Deemed Conveyance.

What Is Deemed Conveyance?

Deemed conveyance is a legal way for a housing society to get ownership of the land and building, even if the builder doesn’t agree or cooperate.

When the builder not giving conveyance becomes an issue, societies can pursue deemed conveyance to secure their ownership rights.

Under the Maharashtra Ownership Flats Act (MOFA) and similar laws in other states, the society can ask the Registrar of Cooperative Societies to issue a deemed conveyance order. This lets the society become the legal owner without needing the builder’s permission.

Why Is a Conveyance Deed for Society So Important?

A conveyance deed from builder to society is the official document that gives the residents ownership of the land and common areas.

Without this deed:

• Your society doesn’t clearly own the land
• You can’t start redevelopment work
• Getting loans or grants is hard
• The builder might still control open spaces or claim rights

Seeking a legal remedy for housing society issues can help resolve disputes, enforce rights, and ensure smooth community governance.

That’s why it’s very important for flat owners to get either a conveyance deed or deemed conveyance to protect their rights.

When to Apply for Deemed Conveyance?

Your society can apply if:

• It is officially registered
• The builder hasn’t given the deed within 4 months
• Most or all flats are sold
• The building is finished and people are living there

This legal option helps protect owners from delays or unfair treatment by the builder.

Documents for Deemed Conveyance

To begin the deemed conveyance process, your society will need these documents:

• Society registration certificate
• Sale agreements from flat owners
• Layout or building plan
• Property card or 7/12 extract
• Proof of communication with the builder
• List of society members
• Occupancy certificate (if you have it)

These papers are important for your society’s conveyance application.

Deemed Conveyance Process - Step by Step

• The society passes a resolution to start the deemed conveyance process.
• The application is sent to the registrar of cooperative societies.
• The registrar sends a legal notice to the builder.
• If the builder doesn’t reply, the process continues.
• After hearings, the registrar issues the deemed conveyance order.
• The society can then register the conveyance deed on its own.

Understanding the deem conveyance procedure is vital for homeowners to secure legal ownership of their property in a housing society.

This means the society gets full legal ownership without needing the builder’s approval.

Consider Reading: Commencement Certificate: What Builders and Homeowners Must Know

Deemed Conveyance Charges

Even though the process is supported by the government, there are some costs you need to pay:

• Government fees (like stamp duty and registration)
• Legal or consultant fees (optional)
• Charges for processing the application

But these deemed conveyance charges are worth it for getting full ownership and clear legal rights.

Benefits of Deemed Conveyance of Society

• Full legal ownership of the land and building
• Right to redevelop or renovate the property
• Builder can’t interfere in common areas
• Ability to get loans, grants, or sell the property
• Increased property value and safety

Understanding flat owners' rights is essential for ensuring fair treatment, proper maintenance, and active participation in housing society decisions.

What Happens If You Don’t Act?

Delaying the conveyance deed or not applying for deemed conveyance can lead to:

• Missing out on redevelopment chances
• Builder misusing common areas or extra space
• Legal problems during disputes
• Trouble getting loans or permits

Fulfilling redevelopment legal requirements is essential to ensure a smooth, compliant, and dispute-free transformation of a housing society.

Getting your housing society conveyance is not just a choice - it’s very important.

Conveyance deed vs deemed conveyance

Criteria	Conveyance Deed	Deemed Conveyance
Builder involvement	Needed	Not needed
Voluntary?	Yes	No (legal solution)
Process type	Direct transfer	Through Registrar
Timeframe	Usually within 4 months	After builder doesn’t act
Legality	Full ownership	Same legal power

Knowing the difference between conveyance deed and deemed conveyance helps societies make smart decisions faster.

Final Thoughts

Deemed Conveyance isn’t just a legal step - it’s your right. It helps you secure your property’s future, claim ownership, and freely manage or redevelop your building. The deemed conveyance of housing society allows residents to legally obtain ownership rights when the builder fails to transfer the property. If the builder is delaying or avoiding the deed, the law supports you.