Lawyers Society: Step-by-Step Guide to Obtaining a Conveyance Deed
Obtaining a conveyance deed is the most critical step for a housing society to secure legal ownership of its land and building from the builder. Without it, the society and its members remain vulnerable, as the builder retains legal title. This can lead to misuse, disputes, or complications during redevelopment. Professional guidance from a lawyers society is essential to navigate this complex process.
This article provides a clear, step-by-step guide on obtaining a conveyance deed. It explains the role of housing lawyers, society advocates, and cooperative lawyers in protecting your society’s rights, especially when dealing with uncooperative builders or managing the process from abroad.
What is a Conveyance Deed? Role of a Lawyers Society in the Process
A conveyance deed is the legal document that transfers ownership of property, including land, from a builder to a cooperative housing society. Every cooperative society has the right to obtain this deed after registration.
Benefits of a conveyance deed:
- Legal Title: Confirms society ownership of the land and building.
- Protection: Prevents the builder from selling or mortgaging common areas.
- Redevelopment: Societies cannot redevelop property without a conveyance deed.
Under laws like the Maharashtra Ownership Flats Act (MOFA), 1963, builders must execute a conveyance deed within four months of society registration.
The Legal Pathway: Deemed Conveyance
If a builder delays or refuses to execute the conveyance deed, societies can pursue Deemed Conveyance. This is a quasi-judicial process where the Competent Authority can transfer legal title to the society without the builder’s cooperation.
Step-by-Step Deemed Conveyance Process
- Preparation and Resolution
- Convene a Special General Body Meeting.
- Pass a resolution to pursue Deemed Conveyance.
- Appoint an authorised representative for legal proceedings.
- Collect Required Documents
- Society registration certificate and bye-laws.
- Copies of all members’ registered sale agreements.
- Original development agreement between builder and landowner.
- Approved building plans, Commencement Certificate, and Occupancy Certificate (if available).
- Legal title search report for the property.
- Legal Notice to Builder
- Send a formal notice demanding conveyance deed execution.
- Housing lawyers ensure the notice complies with the law and serves as evidence of non-compliance.
- Application to Competent Authority
- File an application (e.g., Form 7 in Maharashtra) with the District Deputy Registrar.
- Include all supporting documents.
- Society advocate guides proper submission.
- Hearing and Order
- Competent Authority issues notices to builder and landowners.
- Hearings allow both sides to present their case.
- If the builder fails to justify refusal, the authority grants Deemed Conveyance.
- Registration of the Deed
- Competent Authority executes the deed on behalf of the builder.
- Society registers the deed with the Sub-Registrar of Assurances.
- Legal ownership is now formalised.
The Indispensable Role of a Cooperative Lawyer
Many societies struggle to secure a conveyance deed due to legal complexities. A cooperative lawyer provides:
- Expert Documentation: Ensures applications are complete and correct.
- Strategic Representation: Handles hearings and counters builder objections.
- Timely Execution: Speeds up the legal process, avoiding unnecessary delays.
- Builder Resistance Management: Protects society from aggressive or uncooperative builders.
Case Study: The Harmony Society
The Harmony Society, with 150 flats in Mumbai, faced a five-year delay as the builder demanded extra payment for “FSI” before executing the conveyance deed.
- Our lawyers society team filed a Deemed Conveyance application.
- The society advocate documented all illegal demands and non-compliance with MOFA.
- The Competent Authority granted Deemed Conveyance without additional payment.
Lesson: Expert legal support transforms long, frustrating disputes into decisive victories.
Key Takeaways
- A conveyance deed is a legal right and necessity.
- Deemed Conveyance is available when builders are uncooperative.
- Legal steps involve documentation, formal application, and hearings.
- Housing lawyers or society advocates simplify the process.
- Prompt legal action prevents builder misuse and secures the society’s future.
FAQs: Your Direct Answers
1. What is the difference between a conveyance deed and Deemed Conveyance?
- A conveyance deed is a voluntary transfer by the builder.
- Deemed Conveyance is a legal process where the Competent Authority transfers title when the builder is non-compliant.
2. Can NRIs obtain a conveyance deed?
- Yes. You can appoint a housing lawyer or family member with a Power of Attorney to manage the process in India.
3. What if my builder company is dissolved?
- Deemed Conveyance still applies. The defunct builder’s status does not affect the society’s legal title.
4. Are conveyance deeds required for all apartments?
- Yes. Individual sale agreements exist for flats, but the society must hold the common conveyance deed. Without it, ownership is incomplete.
5. How do NRIs and OCIs manage this process from abroad?
- LawCrust assists with online consultations, documentation, and on-ground representation, ensuring property rights without travel to India.
About LawCrust Legal Consultation.
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of Premium Legal Services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.
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