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Documentation for Deemed Conveyance

Documentation for Deemed Conveyance

Documentation for Deemed Conveyance

 

Majority of Co-Operative Housing Society in Mumbai do not have conveyance from the land owner or the property builders. The situation is similar in most parts of the Maharashtra. In general there are three ways in which Co-Operative Housing Society can obtain the conveyance of the property that is:

  • Through Builder
  • Through Court Case
  • Through deemed conveyance

 

To protect the interest of the Co-Operative Housing Society, the government has appointed competent authority to hear the parties on the basis of the application received and give necessary orders required to issue deemed conveyance certificate. The competent authority executes the conveyance deed in favor of the society on behalf of the builder or the promoter or the land owner.

 

To obtain the conveyance the step are pretty straight forward, yet people find it overwhelming. The major challenge people face is the collection of documents required from several departments to obtain deemed conveyance. In scenarios where the land owner or the property developer is reluctant to sign the conveyance deed in favor of the Co-Operative Housing Society, the District Deputy Registrar (as a competitive authority) has the right and all authority to sign the deed as a promoter. This is possible even in the case where there is a court case is pending. But to do this the Co-Operative Housing Society will have to make an application to the competent authority that is District Deputy Registrar in a given prescribed format along with all the stipulated documents against the builder.

 

Below are the documents required to obtain deemed conveyance.

 

  • List with details of the purchasers. Copies of all the registered agreements of sale entered with the promoters or with any previous member, accompanied with the proof of payment.
  • 7/12 Extract, Village form No.6 and property card
  • Location plan and layout plot plan that is approved by the local authority
  • City survey plan or the survey plan by the revenue department
  • Architect certificate of the constructed areas and the FSI details of the entire Layout Plot
  • Details of the common area and facilities, the structure constructed on land
  • Details of the latest title and the search report of the past 30 years by an advocate
  • N A. order
  • Copies of ULC certificate (Under Urban Land Ceiling Act, 1976)
  • Copies of approval of building plan from BMC and other authorities
  • Occupation certificate, commencement certificate and completion certificate
  • Details of the society registration
  • Power of attorney or development agreement or the agreement of sale executed by the landlord with the promoters or the builders to develop the land or for transferring the titles or rights and the interest in the land.
  • Copies of the legal reminders sent to the builders or the promoters or any other interested parties who should be responsible for executing the conveyance deed in favor of the Co-Operative Housing Society.
  • Draft copies of the conveyance deed or the declaration proposing to execute the conveyance deed in favor of the society