In Mumbai, thousands of co-operative housing societies face one common problem—getting the ownership of their land and building transferred from the builder. This transfer is achieved through either a Conveyance Deed or a Deemed Conveyance. Both processes give the society clear ownership rights, but the path to achieve them differs.
For housing societies in areas like Goregaon, Andheri, Malad, and Borivali, understanding these processes is critical, especially when redevelopment or major repairs are planned. At this stage, the assistance of a Deemed Conveyance Lawyer in Goregaon Mumbai or an experienced Property Lawyer in Goregaon Mumbai becomes invaluable.
What is a Conveyance Deed?
A Conveyance Deed is the legal instrument through which a builder or landowner voluntarily transfers the ownership rights of the land and building to the housing society. Under the Maharashtra Ownership Flats Act (MOFA), 1963, if the agreement does not specify any particular period, the builder must execute the conveyance deed within four months of the registration of the society.
Why it matters:
- The society gets legal ownership of land and building.
- Enables redevelopment and self-redevelopment projects.
- Facilitates mortgage, bank loans, and permissions from municipal authorities.
When the builder is cooperative, this route is the most straightforward.
What is Deemed Conveyance?
In reality, many builders in Mumbai delay or refuse to execute the conveyance deed. This is often done to retain control over additional development rights such as FSI. In such cases, the remedy available to societies is Deemed Conveyance.
A Deemed Conveyance is a statutory transfer granted by the District Deputy Registrar (DDR) under MOFA. The society files an application with documents such as sale agreements, sanctioned plans, and the society’s registration certificate. After an inquiry, if the builder is found guilty of default, the DDR passes an order allowing the society to register a unilateral conveyance deed, even without the builder’s signature.
Why societies in Mumbai choose Deemed Conveyance:
- Ensures ownership despite builder’s refusal.
- Clears title for redevelopment projects.
- Necessary for loans, government permissions, and municipal approvals.
- Recognised by courts even where Occupancy Certificate is not available in certain cases.
For such cases, engaging a skilled Real Estate Lawyer Advocate in Mumbai ensures that documents are complete and hearings are properly handled.
MOFA and RERA: How the Law Protects Societies
- MOFA (Section 11): Conveyance must be executed within 4 months of society registration if no period is mentioned.
- RERA (Maharashtra Rule 9): Requires formation of society/association and conveyance of title within 3 months of key milestones (e.g., Occupancy Certificate or payment by 51% of allottees).
Both laws work together to prevent builders from indefinitely delaying transfer of ownership.
Why Societies in Goregaon and Mumbai Need Legal Help
Without conveyance, societies cannot:
– Redevelop their old buildings.
– Access loans or raise funds.
– Mutate property records with municipal authorities.
– Legally secure their rights against the builder.
A Deemed Conveyance Lawyer in Goregaon Mumbai or a Property Lawyer in Goregaon Mumbai guides societies through documentation, hearings, and registration, saving time and avoiding repeated objections. Similarly, a Real Estate Lawyer Advocate in Mumbai can represent societies in complex matters where builders contest title or development rights.
Conclusion
For every housing society in Mumbai, obtaining conveyance is not a luxury but a legal necessity. A Conveyance Deed works smoothly if the builder cooperates. If not, the Deemed Conveyance process empowers societies to secure their rights through the Competent Authority.
In Goregaon and across Mumbai, engaging a qualified Deemed Conveyance Lawyer, Property Lawyer, or Real Estate Advocate ensures that your society’s ownership rights are protected, paving the way for redevelopment, financing, and long-term security.
Frequently Asked Questions (FAQs)
- 1. What is the difference between a Conveyance Deed and Deemed Conveyance in Mumbai?
- A Conveyance Deed is a voluntary transfer by the builder or landowner in favour of the housing society, usually done within four months of society registration under MOFA. A Deemed Conveyance, on the other hand, is granted by the District Deputy Registrar when the builder refuses or delays the transfer. In such cases, the society can register a unilateral deed through the Competent Authority.
- 2. Why should a housing society hire a Deemed Conveyance Lawyer in Goregaon Mumbai?
- A Deemed Conveyance Lawyer in Goregaon Mumbai ensures that your society’s application is properly drafted, supported by the right documents, and presented effectively before the Competent Authority. Many applications are delayed or rejected due to incomplete paperwork or technical objections. An experienced lawyer saves time, avoids errors, and secures ownership rights for the society.
- 3. Can a society get Deemed Conveyance without an Occupancy Certificate (OC)?
- Yes. Courts in Mumbai have clarified that the absence of an OC is not always a barrier. Depending on the facts and compliance with MOFA and RERA, the Competent Authority can still grant Deemed Conveyance. A skilled Real Estate Lawyer Advocate in Mumbai can guide societies on how to proceed in such cases.
- 4. How long does it take to obtain Deemed Conveyance in Mumbai?
- The timeline depends on document readiness, builder’s objections, and Competent Authority’s schedule. On average, the process may take 6 to 12 months. Having an experienced Property Lawyer in Goregaon Mumbai ensures faster and smoother completion.
- 5. Is Deemed Conveyance necessary for redevelopment projects in Goregaon and Mumbai?
- Absolutely. Without conveyance (regular or deemed), the society does not legally own the land. This creates roadblocks in redevelopment, self-redevelopment, and in obtaining loans. A Deemed Conveyance Lawyer in Goregaon Mumbai can help societies secure title, making redevelopment legally and financially viable.
- 6. Who is the Competent Authority for Deemed Conveyance in Mumbai?
- The District Deputy Registrar (DDR) of Co-operative Societies acts as the Competent Authority under MOFA. The society must apply in Form 7 along with the required documents to obtain an order of Deemed Conveyance.
- 7. Why consult a Real Estate Lawyer Advocate in Mumbai for conveyance matters?
- Real estate laws in Mumbai involve MOFA, RERA, municipal rules, and co-operative bye-laws. A Real Estate Lawyer Advocate in Mumbai understands the overlap of these laws and can represent societies in complex disputes with builders, guide redevelopment projects, and ensure compliance with all statutory requirements.