What Documents Are Required for Deemed Conveyance in Maharashtra?
If your housing society has been residing in a building for years without the builder executing the conveyance deed, you may need to apply for deemed conveyance to secure proper title. Understanding the exact documents needed for this application is crucial to avoid delays and legal complications.
Quick Answer
To initiate a deemed conveyance application under the Maharashtra Ownership Flats Act (MOFA), you typically need:
Application Form: A duly filled application form seeking deemed conveyance.
Society Resolution: A resolution passed by the society's general body authorizing the deemed conveyance.
Title Documents: Deeds relating to the original purchase of the flat and the builder’s title.
Government Approvals: Relevant approvals obtained from local authorities, such as the municipal corporation.
NOC from the Builder: A No Objection Certificate from the builder, if available (though not mandatory).
Property Card: The latest property card showing the builder as the owner, which helps prove ownership.
Share Certificates: Individual share certificates issued to society members.
Sanctioned Building Plans: Copy of the approved building plan from the municipal authority.
Be aware that the specific documents required may vary based on the society's circumstances and the builder's cooperation.
Legal Framework
The deemed conveyance process is primarily governed by the following:
Maharashtra Cooperative Societies Act, 1960: Governing the operation of cooperative societies.
Maharashtra Ownership of Flats Act, 1963: Specifies that if the builder does not execute the conveyance deed within four months of the occupancy certificate issuance, the society may approach the authorities for deemed conveyance.
The Registration Act, 1908: Required for registering the deemed conveyance deed after approval.
Detailed Analysis of Required Documents
For a successful application, you must provide documentation that proves the society's legal existence, the builder's ownership, and the completion and occupation of the building. The documentation falls into the following categories:
Documents Establishing the Society's Legal Status
Registration Certificate: Issued by the Registrar of Co-operative Societies confirming the society’s registration.
Society Bye-Laws: Showing the society's purposes, rules, and authority.
List of Members: Evidence of all flat purchasers who are members of the society.
Share Certificates: Issued to members to confirm their interest in the society.
Board Resolution: Authorizing the deemed conveyance application.
General Body Resolution: If required by the society's bye-laws.
Authorization Letter: Allowing representatives to file and pursue the application.
Documents Proving Completion and Occupation
Occupancy Certificate: Certifying the building is fit for occupation.
Completion Certificate: Confirming the construction's completion.
Commencement Certificate: Showing when construction began.
Approved Building Plans: Authorized by the municipal authority.
Property Tax Receipts: Indicating timely payment by the society.
Utility Bills: In the society's name, evidencing continuous occupation.
Audit Reports: Showing the society’s operations over the years.
Documents Relating to Land Title and Builder's Ownership
Property Card (7/12 Extract): Demonstrating ownership of the land.
City Survey Record: For urban areas if applicable.
Sale Deed: Documenting how the builder acquired the land.
Previous Title Documents: Evidence of the builder's title history.
Development Agreement: If applicable, outlining the builder's rights.
Encumbrance Certificate: Confirming no outstanding issues affecting the property.
Search Report: From the Sub-Registrar detailing registered documents.
Financial Documents
Agreement for Sale: Between the builder and flat purchasers.
Payment Receipts: Evidence of payments made to the builder.
Possession Letters: Issued by the builder to flat purchasers.
Demand Letters: For any outstanding payments.
Compliance and Clearance Documents
NOCs: From relevant authorities.
Certificates of Compliance: Required for agricultural land conversions.
Structural Integrity Reports: If required by local authorities.
Affidavits and Declarations
Affidavit of Society: Verifying application facts.
Affidavit of Continuous Possession: Declaring the society’s ongoing occupancy.
Indemnity Bond: In situations where documents are missing.
What If Important Documents Are Missing?
If your society lacks key documents, here are the steps you can take:
Obtain Certified Copies: From government offices where needed.
File an RTI Application: To access documents held by municipal authorities.
Alternative Evidence: Use possession letters or utility bills to demonstrate occupancy.
Request Document Production: File an application before the Competent Authority for the builder to produce necessary documents.
Strengthening Your Application
Beyond mandatory documents, you can strengthen your application by including:
Continuous Occupation Evidence: Such as utility bills and maintenance records.
Correspondence Records: Highlighting efforts to gain voluntary conveyance.
Affidavits from Members: Supporting claims of ownership and payments.
Conclusion
To ensure your society secures title through deemed conveyance, gather all necessary documentation carefully. Each claim should be backed by solid evidence to counter any objections the builder may raise. Consulting with a qualified housing society lawyer can help navigate this process effectively. Ensure you act promptly and stay organized throughout to achieve the best outcome for your society.
