Deemed conveyance is a legal process that allows a housing society to obtain ownership rights of the land and building from the builder, even if the builder refuses or delays signing the conveyance deed. It is commonly used in apartment projects where flat owners have already purchased homes, but the property title has not been officially transferred to the society.
What Does Deemed Conveyance Mean?
A conveyance deed is a legal document through which the builder transfers ownership of the land and common areas to the housing society or apartment association. In many cases, builders delay this transfer even after all flats are sold.
To solve this issue, state authorities allow societies to apply for deemed conveyance. Once approved, the authority can legally transfer ownership rights to the society without the builder’s consent.
In simple words, deemed conveyance protects flat owners by giving the housing society legal ownership of the property.
Why Is Deemed Conveyance Important?
Without deemed conveyance, societies may face several legal and operational problems, such as:
- Difficulty during redevelopment projects
- Problems getting additional FSI or TDR benefits
- Ownership disputes involving builders or landowners
- Challenges in obtaining loans for redevelopment
- Lack of clear property title for the society
After deemed conveyance is completed, the society becomes the legal owner of the land and common areas.
Step-by-Step Deemed Conveyance Procedure for Housing Societies
The deemed conveyance process usually involves the following steps:
1. Society Formation: The flat owners must form and register a cooperative housing society or owners’ association.
2. Notice to the Builder: The society sends a legal notice requesting the builder to execute the conveyance deed voluntarily.
3. Document Collection
The society collects important documents such as:
-
Registered sale agreements
-
Society registration certificate
-
Approved building plan
-
Occupancy certificate
-
Property card or land records
-
Architect certificate
4. Filing the Application: The society files a deemed conveyance application before the competent authority with all supporting documents.
5. Hearing & Approval: The authority hears both parties and verifies the documents. If satisfied, it passes an order granting deemed conveyance rights.
6. Registration of Conveyance Deed: The final deemed conveyance deed is registered at the sub-registrar office, officially transferring ownership to the society.
Deemed conveyance is an important legal safeguard for apartment owners and housing societies. It helps societies secure ownership rights over the land and building when builders fail to transfer the property voluntarily. From redevelopment benefits to legal clarity, completing the deemed conveyance process protects the long-term interests of flat owners and strengthens the society’s ownership rights.
