Get Deemed Conveyance Consultancy Services in India
In simple words, the deemed conveyance as per deemed conveyance consultants can be explained as the transfer of title right or interest of the land or a building that is in the name of the housing society. The promoters, including construction builders, landowners, or the developed world, willingly or voluntarily give the conveyance in the regular conveyance. The standard conveyance deed must be executed between the housing society and the promoters. In different cases, builders or the land owners are not ready or willing to execute the deed. The Maharashtra government, in such instances, has given the right to the respective authority under the Maharashtra ownership flat act to sign the convenience date on behalf of the landowners and the developers. Hence, it is known as the deemed conveyance.
Importance of Deemed Conveyance
Experts offering deemed conveyance consultancy services say that under the provision of the Maharashtra ownership flats, the land is deemed to be conveyed to the cooperative housing society or the legal body after the 4-month timeline formation of the housing society. It is legally registered and maintained as per the revenue records. The importance cannot be overstated as there have been some instances in urban and rural parts of the state where the promoter or the builder has sold the common areas terrace amenities or even the parking space to a 3rd party without knowing the flat owners or the legal body. Seeing a rise in such cases and a sleeve of complaints from the flat owners and the cooperative housing societies, the government assigned a dedicated department within the land records team to hear address and also issue deemed conveyance to the legal body. The legal body auto cooperating housing society needs to procure the essential documents required for the deemed conveyance before proceeding to the Deemed Conveyance in India.
The primary difference between conveyance deed and deemed conveyance
A plethora of flat owners is likely to get confused between deemed conveyance and conveyance date and which one of these to apply to them or the legal body like the cooperative housing society. There is only one difference between the two, whether the promoter or the builder is willing to cooperate with the flat owners.
A conveyance deed in a typical case is where the promoter or the builder prepares the conveyance deeds and executes the same by appearing before the sub-registrar for admitting the signature. In such a case, the flat owners or the legal body, or the cooperative housing society gets the convenience without any stress with the entire corporation from the promoter.
Deemed Conveyance
Suppose the promoters are ignoring or unwilling to cooperate with the flat owners, the legal body has to approach the complainant authority for a conflict solution. Once the authority has heard the arguments of the respective parties, the necessary order of convergence would be passed. The entire deemed conveyance procedure can be completed online if the cooperative housing society or the legal body has all the required documents. It is possible to obtain a deemed conveyance even without an occupancy certificate.
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List of Documents Required for Deemed Conveyance
- You need to attach a court fee stamp of 2000 INR besides the application form 7, which should be submitted to the district deputy registrar and the cooperative societies.
- An affidavit and a true copy of the society registration certificate should be given.
- Validation of the stamp duty and registered agreement copy of one individual per flat with the builder-developer.
- Development agreement copy between the property owner and the builder or promoter.
- You should also have the details about the legal notice issued to the original owner or developer for doing the conveyance.
Procedure for filing the deemed conveyance application online
The deemed conveyance consultants in India suggest you follow the complete process of applying deemed conveyance. But there are some details that you need to pay attention to before submitting the application. The first thing that a cooperative housing society or the flat owners have to do is to write a formal email or letter to the builder or promoter requesting them to provide the conveyance deed or sale deal draft. If they do not reply, the legal body should do the following.
- They can send the developer a legal notice through the advocate and request the developer to provide the deed within the do signature.
- They can file an application with the registrar of the cooperative societies by attaching the relevant documents besides self-attestation copies.
- Once the competent authority is satisfied with the documents, the present notice will be sent to the promoter or the developer.
- The authority will hear agreements after receiving the notice from both parties and ask them to present further evidence.
- If no legal question is raised, the competent authority will pass the order.
Steps to apply for deemed conveyance
Check if the society is enrolled on the online web portal of the mahasahakar website.
Society must be validated by the concerned registrars.
They need to ensure that all the documents related to the case are secured on a hard drive or a computer.
- Firstly you need to visit the mahasahakar website.
- Visit the login screen.
- You can log in with all the society credentials.
- Click on the deemed conveyance link.
- Fill in the case details under the following sections, including applicant details, property details, developer details, landowner details, and case documents, including revenue records, municipality records, society records, and applicant records.
- The society also needs to make payment which includes the deemed conveyance charges. Then, they can use the GRAS online payment.
- They can view the summary and review the application.
- It’s easy to generate form 7, which is readily available on the web portal.
- One must download form 7.
- Click apply and submit an application
While applying for deemed conveyance, one must follow the steps mentioned here. Therefore, understanding the legalities involved in property registration is of utmost importance to flat owners besides the cooperative housing society.
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