Also known as Society conveyance, deemed conveyance
Any sale deed is technically a conveyance. In apartment projects, though, “conveyance” usually refers to the second step: after the flats are sold and the society or association of allottees is formed, the promoter must transfer title to the land and common areas to that body. Section 17(1) of the Real Estate (Regulation and Development) Act, 2016 requires the promoter to execute a registered conveyance deed in favour of the allottee, with the undivided proportionate title in the common areas going to the association of allottees, within the period set by local law or, where there is none, within three months from the date of the occupancy certificate.
This is different from the sale deed for a single flat: the sale deed (or registered agreement) gives one buyer their unit, while the society conveyance puts the land and building as a whole in the residents’ body’s name.
Many older buildings never received a conveyance. Maharashtra allows a housing society to apply for deemed conveyance under section 11 of the Maharashtra Ownership Flats Act, 1963 (MOFA) when the developer fails to execute one. Until the land is conveyed, redevelopment and the use of extra FSI or TDR can be blocked.
Example
A 48-flat society in Borivali was completed in 1998 but the property card still shows the builder. When a developer offers redevelopment with larger flats, the society’s lawyer advises that it first obtain deemed conveyance. After the order is registered and the property card updated, the society can sign the redevelopment agreement.
Figures are illustrative, not market rates.
Across India
- Maharashtra: deemed conveyance under section 11 of MOFA, through the district deputy registrar of co-operative societies acting as competent authority, when the promoter does not convey.
- Other states rely on the RERA Act and their apartment ownership laws; the deadline depends on local law.
Questions about Conveyance deed
What is the difference between a sale deed and a conveyance deed?
Legally both transfer ownership. In housing, the sale deed or agreement transfers a flat to a buyer, while the conveyance deed transfers the land and building as a whole to the residents’ society or association.
What is deemed conveyance?
It is Maharashtra’s route for a society whose developer never executed the conveyance. The competent authority hears the case and issues an order that is registered as if the developer had signed, so the land comes into the society’s name.
Sources
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