Legal Procedure to Get a Conveyance Deed with a Housing Lawyer
A Conveyance Deed is the most important legal document for a housing society, as it formally transfers the title and ownership of the land and building from the builder to the society. It is the final step in a development project, and without it, the society does not have full legal rights over the property. The builder is legally obligated to execute this deed. If a builder fails to do so, a society must follow a specific legal procedure, most commonly known as Deemed Conveyance, to get the deed. This process is complex, and an experienced housing lawyer is essential to navigate it successfully.
For many societies, obtaining a conveyance deed from a builder becomes a major housing dispute. Builders often delay the process to retain control over the land and sell off any remaining open spaces or amenities. The legal procedure for Deemed Conveyance is a powerful tool for societies to protect their rights. A skilled lawyer for housing society matters will guide the society through every step of this critical process.
What is a Conveyance Deed and Its Importance According to a Housing Lawyer
A Conveyance Deed is a legal document that proves the transfer of a property’s ownership. For a cooperative society, it is the instrument that transfers the land and the building on it from the developer’s name to the society’s name.
The deed is essential for several reasons:
- Legal Ownership: It grants the society absolute legal ownership of the property.
- Redevelopment: It is a mandatory requirement for any future redevelopment of the building.
- Security: It prevents the builder from fraudulently selling any remaining open spaces or creating third party rights on the property.
- Bank Loans: Financial institutions will not grant a loan for redevelopment or major repairs without a registered conveyance deed.
The Builder’s Legal Obligation to Convey the Property
Under the Maharashtra Ownership Flats Act, 1963 (MOFA), a builder is legally obligated to execute a conveyance deed within four months of the formation of the housing society. The Real Estate (Regulation and Development) Act, 2016 (RERA), Section 17, reinforces this for new projects, requiring title transfer within three months of the occupancy certificate issuance. A failure to comply is a serious legal breach, which allows the society to take legal action.
The Step by Step Legal Process for Obtaining a Conveyance Deed
The procedure to obtain a conveyance deed depends on the builder’s cooperation.
Scenario 1: Builder’s Voluntary Conveyance
If the builder is willing to cooperate, the process is straightforward:
- Preparation of Documents: The society prepares all necessary documents, including the Occupancy Certificate (OC), Building Completion Certificate (BCC), and the developer’s legal documents.
- Drafting the Deed: A housing lawyer drafts the conveyance deed.
- Registration: The builder and society committee members go to the Sub Registrar’s office to sign and register the deed.
Scenario 2: The Deemed Conveyance Process (When the Builder Fails to Comply)
This is the most common scenario when the builder fails to comply. This legal procedure allows the society to unilaterally get the conveyance deed without the builder’s cooperation.
The legal process for Deemed Conveyance is as follows:
- Issue a Legal Notice: The society, through a lawyer for housing problems, sends a formal legal notice to the builder, requesting the conveyance deed within a specific timeframe (usually 30 days).
- Pass a Resolution: If the builder fails to respond, the society must hold a Special General Body Meeting and pass a resolution to apply for Deemed Conveyance. This resolution authorises the office bearers to proceed legally.
- Prepare the Application: The cooperative society lawyer prepares and files a formal application for Deemed Conveyance with the District Deputy Registrar of Cooperative Societies.
- Submission of Documents: The application must be submitted with a comprehensive set of documents, including:
- Application in the prescribed format (Form VII)
- Copy of the Society’s Registration Certificate
- Copy of the Development Agreement with the Builder
- List of all flat owners and their agreements
- Architect’s Certificate and Building Completion Certificate (if available)
- Property card and City Survey map
- Proof of the builder’s failure to convey, such as legal notices.
- Hearing at the Registrar’s Office: The District Deputy Registrar will schedule a hearing. Both the society and the builder will be given a chance to present their arguments.
- Deemed Conveyance Order: If the Registrar is satisfied with the society’s application, they will issue an order for Deemed Conveyance, stating that the title of the property is transferred to the society.
- Registration of the Order: The final order is then registered at the Sub Registrar’s office, making the conveyance legally binding.
The Critical Role of a Housing Lawyer
While the process of Deemed Conveyance is an administrative one, it is highly technical and requires expert legal guidance. A housing lawyer is indispensable for several reasons.
- Documentation: A lawyer for society matters in Mumbai ensures that all the required documents are correctly gathered and formatted. Missing or incorrect documents can lead to the rejection of the application.
- Filing and Representation: They professionally prepare and file the application and represent the society during the hearing at the Registrar’s office.
- Legal Strategy: They advise the society on the best course of action and the specific legal provisions that apply to the case.
- Dispute Resolution: A housing lawyer can help resolve any legal issues that may arise during the process, such as a housing dispute filed by the builder.
In a recent case I handled in Navi Mumbai, a builder refused to give a society its conveyance deed for over a decade. We filed an application for Deemed Conveyance with all the necessary documents and evidence of the builder’s non compliance. Despite the builder’s attempts to obstruct the process, the Deputy Registrar, after a few hearings, granted the Deemed Conveyance order. This case highlights the effectiveness of the legal process when guided by an experienced housing lawyer.
Recent Legal Developments and Landmark Judgments
As of September 2025, the Maharashtra Housing Policy 2025 simplifies conveyance with state backed title clearance schemes. The draft Maharashtra Cooperative Societies Rules, 2025, also allows for digital resolutions for conveyance, easing NRI participation. The Bombay High Court in Shree Siddhivinayak CHS vs Builder (2024) upheld society rights to enforce conveyance under MOFA, while MahaRERA rulings have consistently penalised builders for delays. These developments reinforce the need for societies to be legally compliant and proactive.
Frequently Asked Questions (FAQs)
1. Can an NRI or OCI society member initiate the Deemed Conveyance process?
No, an individual member cannot initiate the process. It must be initiated by the cooperative society as a collective body, with a formal resolution passed in a general body meeting. An NRI or OCI can, however, push for the process through the society and can appoint a lawyer for housing issues via a Power of Attorney (POA) to represent their interests.
2. What happens if the builder has lost some of the original documents?
The society can still apply for Deemed Conveyance. A housing advocate will help the society gather alternative documents, such as copies of flat agreements, old property records, and the sanctioned building plan from the municipal corporation.
3. Is it possible for a builder to challenge a Deemed Conveyance order?
Yes. A builder can challenge the order in the Cooperative Court or the High Court. However, with strong legal evidence and a well documented case, the society’s housing lawyers can successfully defend the order.
4. What is the difference between an OC and a Conveyance Deed?
An Occupancy Certificate (OC) proves that the building is ready for occupation and is safe to live in. A Conveyance Deed, on the other hand, transfers the ownership of the land from the builder to the society. Both are essential, but they serve different legal purposes.
5. How long does the Deemed Conveyance process typically take?
The process usually takes between six to twelve months, depending on the complexity of the case and the cooperation of the relevant government authorities. The involvement of a lawyer for housing problems can significantly expedite the process.
Conclusion
Obtaining a conveyance deed is a non negotiable right of every housing society. While a builder’s non cooperation can be frustrating, the legal process of Deemed Conveyance provides a powerful and effective remedy. Societies should be aware of their legal rights and, with the guidance of a qualified housing lawyer, take proactive steps to secure their legal ownership.
In conclusion, the legal procedure for obtaining a conveyance deed from a builder is a structured process that protects the society’s rights. By understanding the steps and engaging a professional housing lawyer, societies can successfully get their conveyance deed and secure their future.
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