In Maharashtra, deemed conveyance is one of the most misunderstood — and most neglected — legal rights that a cooperative housing society holds. Thousands of societies across Mumbai, Thane, and Navi Mumbai are sitting on land that is legally still registered in a builder's name, even though the builder ceased operations years or even decades ago.
The case study below is drawn from a real engagement — the names of the society and individuals have been withheld at the committee's request, but every procedural detail, document requirement, and timeline milestone is accurate and reflects the actual proceedings.
What Is Deemed Conveyance?
Under Section 11 of the Maharashtra Ownership Flats Act (MOFA) 1963, a builder is legally obligated to execute conveyance — transfer of land and building title — to the housing society within four months of the society's registration. When the builder fails to do so, the society can apply to the District Deputy Registrar (DDR) of Co-operative Societies for a Deemed Conveyance order.
The DDR has the authority to declare that conveyance has been deemed to have taken place, and to direct the Sub-Registrar to register the deed in the society's favour — without the builder's signature or presence. This right exists regardless of how old the building is.
The Society's Situation
The society — a 64-flat building completed in 2004 in Mumbai's western suburbs — was registered with the Registrar of Co-operative Societies in the same year. The builder had collected full payment from all flat buyers and obtained the Occupation Certificate from the Municipal Corporation. Possession was handed over. And then, as happens in far too many cases, the builder simply never returned to execute the conveyance deed.
For over a decade, successive managing committees wrote letters, made phone calls, and sent advocates' notices. The builder's office eventually went dark. By 2022, when a long-standing member tried to sell her flat, the prospective buyer's bank refused to finance the purchase because the property still appeared in the builder's name in revenue records. The managing committee finally resolved to pursue deemed conveyance — formally and without further delay.
The Deemed Conveyance Journey — Year by Year
Society registered, possession given to flat owners
Builder promised to execute conveyance within 4 months. It never happened.
Repeated follow-ups with builder; no response
Builder's office was eventually found shut. No registered contact address on record.
Society engages specialist conveyance advocate
New managing committee resolves to pursue deemed conveyance formally after a member's flat sale fell through due to absent title.
Application filed before District Deputy Registrar
Filed under Section 11 of MOFA 1963 read with Rule 9 of the Maharashtra Ownership Flats Rules. Supporting documents submitted.
Hearings and notice to builder
DDR issued public notice and attempted service on builder. Builder did not appear. Proceedings continued ex-parte.
Deemed Conveyance order passed by DDR
Order directed that conveyance be deemed to have been executed in favour of the society.
Deed of Deemed Conveyance registered at Sub-Registrar
Society officially became the legal owner of land and building. 7/12 extract updated in society's name.
Documents Required for the Application
Assembling the documents below was the most time-consuming part of the process. Several older records had to be obtained through RTI applications and manual retrieval from the Sub-Registrar's archive. Societies should begin this document-gathering exercise well in advance of filing.
- Society Registration Certificate (Form J)
- Occupation Certificate / Completion Certificate from BMC
- Index II of all flat purchases (from Sub-Registrar)
- Share certificates of all members
- Member register with flat numbers and areas
- Copy of development agreement between builder and original landowner
- Property card (Satbara / 7/12 extract)
- Society's bank account details and PAN
- AGM resolution authorising the application
- Affidavit confirming non-execution of conveyance by builder
What Happens at the DDR Hearing
Once the application is admitted, the DDR issues a formal notice to the builder at all known addresses. The notice is also published in a local newspaper. If the builder does not respond within the stipulated period — as happened in this case — the proceedings continue ex-parte, meaning the DDR proceeds based on the society's submissions alone.
The society's advocate appeared at four hearings between March and September 2023. At each hearing, the DDR reviewed the documentary evidence — the development agreement, Index II records, OC, and member register — to satisfy itself that the society was entitled to the conveyance. No builder representative appeared at any stage.
In November 2023, the DDR passed the order. In January 2024, the Deed of Deemed Conveyance was presented to and registered at the Sub-Registrar's office. The society's advocate then applied for mutation of the property card, and within six weeks, the revenue records reflected the society as the legal owner of the land and building — for the first time in the society's 20-year history.
The Impact — What Changed After Conveyance
- The member who had been unable to sell her flat completed the transaction within three months of registration
- The society became eligible to approach banks for a corpus loan for major repairs
- The managing committee can now explore redevelopment options — which require the society to hold clear title
- Property valuations for all flats improved immediately, as lenders no longer treat the title as uncertain
- Members' peace of mind — after 20 years, the building finally belongs to the people who live in it
Why Societies Keep Delaying — and Why That Is Dangerous
The most common reason managing committees delay pursuing deemed conveyance is a belief that the builder will eventually come around, or that the process is too complicated. Neither is a good reason to wait. Without conveyance, your society cannot: legally redevelop, access institutional financing against the property, or fully protect members against third-party claims on the land. Every year of delay is a year of unnecessary legal exposure for every flat owner in the building.
Key Lessons for Managing Committees
Do not wait for the builder to act
Maharashtra law allows societies to apply for deemed conveyance without the builder's cooperation. Once the DDR is satisfied that conveyance was not executed within the statutory period, the process moves forward regardless of builder consent.
Gather documents early — they take time
The biggest delay in this case was assembling Index II copies for all 64 flats from the Sub-Registrar's office. Start this process early. Some older records require RTI applications or manual searches at the district office.
A valid AGM resolution is mandatory
The DDR will not admit the application without a fresh AGM resolution specifically authorising the committee to file for deemed conveyance and appoint an advocate. Ensure the resolution is correctly worded and properly minuted.
Once registered, update the 7/12 and property card immediately
The DDR order alone is not sufficient — the deed must be registered at the Sub-Registrar's office and the revenue records (property card / 7/12 extract) updated to reflect the society as the legal owner. This is what lenders and buyers check.
What Does Deemed Conveyance Cost?
The cost of obtaining deemed conveyance in Maharashtra typically includes advocate fees, stamp duty on the conveyance deed (calculated on the ready reckoner value of the land), registration charges, and incidental costs such as document retrieval and newspaper publication. For a mid-sized Mumbai society, the total outlay generally ranges between ₹1.5 lakh and ₹4 lakh depending on the size of the property and the complexity of the document trail.
Spread across the members of a 64-flat society, this translates to approximately ₹2,500 to ₹6,000 per flat — a one-time cost that permanently resolves a decades-old legal uncertainty. Viewed against the impact on flat valuations alone, it is one of the highest-return decisions a managing committee can make.
Is your society still waiting for conveyance?
Book a free consultation — we will assess your society's situation and advise on the fastest route to securing your title.