Expert Legal Services for Deemed Conveyance in Maharashtra – Documentation, Application & Registration

Thousands of housing societies in Pune continue to occupy their buildings without the Conveyance Deed being executed by the developer. As a result, although the flats have been sold to individual purchasers, the ownership of the land and building is not legally transferred to the Co-operative Housing Society.

To address this issue, the Maharashtra Government introduced the concept of Deemed Conveyance, enabling eligible housing societies to obtain legal ownership even where the developer refuses, neglects, or is unable to execute the Conveyance Deed.

At Advocate Ketan Palshikar Pune, we provide comprehensive legal services for Deemed Conveyance, including title verification, document scrutiny, preparation of the application, representation before the Competent Authority, drafting of Conveyance Deed, adjudication, stamp duty compliance, registration, and post-registration formalities.

What is Deemed Conveyance?

A Deemed Conveyance is a statutory mechanism through which a Co-operative Housing Society, Condominium, or Association of Apartment Owners can obtain legal conveyance of land and building from the developer without requiring the developer’s consent, subject to fulfillment of statutory requirements.

It enables the Competent Authority to issue an order directing execution of the Conveyance Deed where the promoter has failed to perform his legal obligation.

Legal Framework

Deemed Conveyance in Maharashtra is governed primarily by:

Maharashtra Ownership Flats Act, 1963 (MOFA)
Maharashtra Co-operative Societies Act, 1960 (where applicable)
Registration Act, 1908
Maharashtra Stamp Act, 1958

Why is Deemed Conveyance Important?

Obtaining Deemed Conveyance provides several legal advantages:

Legal ownership of land and building vests in the society.
The society gains authority to manage and administer the property.
Redevelopment becomes significantly easier.
Future property transactions become legally secure.
Unauthorized claims by developers are avoided.
Members receive greater protection over common areas and amenities.

When is Deemed Conveyance Required?

A housing society should consider obtaining Deemed Conveyance if:

The builder has failed to execute the Conveyance Deed.
Several years have passed since formation of the society.
Occupation Certificate has been obtained but conveyance has not been executed.
The developer is untraceable or has become insolvent.
The builder refuses to cooperate.
The society intends to undertake redevelopment.

Our Deemed Conveyance Services in Pune

We provide complete legal assistance from start to finish.

Legal Examination of Documents

We examine:

Registered Agreements for Sale
Land ownership documents
Property Card / 7/12 Extract
Approved building plans
Completion / Occupancy documents
Society Registration Certificate
Development Agreements
Power of Attorney
Revenue and municipal records

Title Search & Due Diligence

Before initiating proceedings, we conduct detailed title verification to identify:

Ownership history
Encumbrances
Existing conveyance issues
Development rights
Legal risks

👉 Learn more:
Title Search Process in Maharashtra

Preparation of Deemed Conveyance Proposal

We prepare:

Application before Competent Authority
Affidavits
Statements
Index of documents
Supporting legal documentation

Representation Before Competent Authority

Our services include:

Filing application
Representation during hearings
Replying to objections
Compliance with directions
Obtaining Deemed Conveyance Order

Drafting Conveyance Deed

After the Order is obtained, we draft:

Conveyance Deed
Schedule of Property
Property description
Rights and easements
Common areas

Stamp Duty & Registration

We assist with:

Stamp duty adjudication
Registration of Conveyance Deed
Compliance with registration requirements

Post Registration Assistance

After registration we also assist with:

Property Card mutation
Municipal mutation
Revenue records
Society documentation

Documents Generally Required

Depending upon each case, documents may include:

Society Registration Certificate
Registered Agreements of members
List of members
Land records
Approved plans
Completion / Occupation Certificate
Development Agreement
Architect Certificate
Index II documents
Property Tax documents
Revenue records

Common Problems Faced by Housing Societies

We regularly assist societies where:

Builder has disappeared.
Original documents are unavailable.
Additional FSI issues exist.
Multiple land owners are involved.
Layout approvals have changed.
Conveyance has remained pending for decades.

Why Deemed Conveyance is Important Before Redevelopment

Today, most developers insist that the society should have:

Clear title
Proper conveyance
Updated property records

Obtaining Deemed Conveyance significantly strengthens the society’s legal position during redevelopment and reduces complications in obtaining approvals.

👉 Learn more: Redevelopment Projects Lawyer in Pune

Why Choose Advocate Ketan Palshikar Pune?

We primarily focus on property documentation and conveyancing, offering structured legal solutions for housing societies and property owners.

Our approach includes:

Detailed title verification
Comprehensive documentation
Strong drafting standards
Procedural compliance
End-to-end assistance
Transparent legal advice

Frequently Asked Questions (FAQs)

What is the difference between Conveyance and Deemed Conveyance?

A Conveyance Deed is voluntarily executed by the developer. A Deemed Conveyance is granted through statutory proceedings when the developer fails or refuses to execute the Conveyance.

Can a society apply without the builder’s consent?

Yes. That is the very purpose of Deemed Conveyance under MOFA.

Is registration compulsory?

Yes. After obtaining the Deemed Conveyance Order, the Conveyance Deed must be registered.

Can redevelopment start without Deemed Conveyance?

Although redevelopment may sometimes proceed in exceptional situations, obtaining Deemed Conveyance is generally advisable as it strengthens the society’s ownership rights and simplifies the redevelopment process.

How long does the process take?

The timeline depends on the complexity of the title, availability of documents, objections raised, and the workload of the Competent Authority.

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Conclusion

Deemed Conveyance is one of the most significant legal steps for a Co-operative Housing Society. It secures the society’s ownership rights over the land and building, facilitates future redevelopment, and protects the interests of all flat purchasers.

With Advocate Ketan Palshikar Pune, societies receive complete legal support throughout the Deemed Conveyance process, from title verification and preparation of documents to obtaining the order, registration of the Conveyance Deed, and updating property records.

Deemed Conveyance Lawyer in Pune