Deemed conveyance procedure for CHS becomes easy now
The Maharashtra government has relaxed the terms for the deemed conveyance (DC)-ownership right of plot certificate from the builder, by bringing down the number of documents required from 12 to 8 and stipulating that DC will be given even if the society does not have an Occupation Certificate (OC) or the Building Completion Certificate  (CC).
 
It is mandatory for land-owners or developers to convey the title of the plot within four months of the formation of the housing society. In many cases, the builders fail to convey the title of properties to the housing societies, in the hope of availing more floor space index (FSI) that may become available in future, or to avail the benefits accrued to them in case the property is redeveloped.
 
If the builder fails to convey the property, the Maharashtra Ownership Flats Act (MOFA) allows societies to apply for DC. However, having OC was mandatory and was insisted upon by the officials of the cooperative registrar’s office. OC is given only when the building is complete in all respects and has complied with the mandatory norms laid down by the government authorities to make it ready for occupation. Since most of the builders abandon the projects before complying with the norms and conditions, OCs are not given to the societies. Developers just hand over the possession and exit the project, leaving the residents high and dry.
 
However now, the DC will be issued even if housing societies have submitted such documentary evidence as the formation of the society or the payment of property tax by the society.
 
As per the GR issued on 22 June 2018, by the state cooperation department, it has been made mandatory for the registrar of cooperative societies to register documents of the applicants within a day. Besides, as per the Maharashtra Right to Public Services Act, 2015, the DC should be issued within six months. If an official fails to provide and approve it within the prescribed period, then he or she will be penalised between Rs500 and Rs5,000.
 
 The applicants should submit the applications with a court fee of Rs2,000. In case the FSI has already been consumed, a certificate of an architect that the total FSI has been consumed would suffice. In addition, they have to give an indemnity bond stating that they will take responsibility for the building and adhere to all required rules and regulations. If there are more than one society on one plot, the details of proportionate area and ground coverage should be furnished.
 
The documents required for conveyance include society registration certificate, approved layout, 7/12 extract, sale deed of each flat owner or heir document, list of registered members of the society, occupation certificate, non-agriculture certificate of that particular plot and notice copy etc. In the absence of sale deeds of all members, the sale deed of even one member would be sufficient, states the GR.
 
 While submitting the conveyance application and documents to the registrar, a copy of the same application also needs to be submitted to the stamp duty and registration department for its speedy approval. The applications will be accepted online as well as offline. The officials of the concerned department such as urban, cooperative, forest and revenue department will have to work in unison so that the applicants are not required to shuttle from one department to another.
 
The system of issuing DC was started three years ago. However, due to stringent conditions there was no response from cooperative societies. Commenting on the issue, Ramesh Prabhu, Chairman, Maharashtra Societies Welfare Association said “This was a positive step. In many cases, the builders exited the project without getting the OC, and the residents had to bear the brunt. This relaxation will ensure that majority of the societies get deemed conveyance. By a fair estimate over 10,000 cooperative housing societies in Mumbai and neighbouring areas, are yet to get the DC. Now they should come forward to take advantage of these relaxed norms.”
 
There are a sizable number of housing societies in Mumbai that are struggling to get the DC. In absence of DC, redevelopment of some of the societies has been delayed. Some of the developers used to sell the flats till they held the ownership right of the layout and were misusing this right, causing impediment in the way of redevelopment.
 
  • Like this story? Get our top stories by email.

    User 

    COMMENTS

    Uday Gonjare

    9 months ago

    Our Society get formed four years ago and still there is no any progress for conveyance deed. I am requesting to Society Committee for the same but still there is no any progress. To initiate actions can I send note / letter to builder keeping society committee in loop.
    Location is Chakan, PUNE.

    Mukesh Pednekar

    10 months ago

    Hi , I have few following questions on conveyance deed .
    1. Who should bear charges of Conveyance deed execution? Purchaser or the Developer ?
    2. We have a dispute going on between us the members of the society and the Builder over huge water tanker supply bills which were supplied to society in absence of corporation water lines .Builder has deducted all this amount from our first yearly maintenance. Can we make him liable to get back this money .
    3. Builder has referred us to an advocate of his choice to prepare the conveyance deed and he has been saying that we have to get the Conveyance deed executed through him only . We doubt that the advocate will be biased and need to know if we can appoint Advocate of our choice to Execute the Conveyance deed.

    Please revert immediately.. we have a society meeting tomorrow in this regards . Appreciate your response in advance.
    Mukesh

    REPLY

    Sucheta Dalal

    In Reply to Mukesh Pednekar 10 months ago

    Please note that no questions will be answered here. Let alone "immediately". You will need to go to Moneylife Foundation's website, which is our not-for-profit organisation to help people and as the query under our LEGAL Resource Centre. Alternatively, you can come to Moneylife Foundation at Shivaji Park on tuesday evening between 5 and 7 pm and get guidance. you will find a link to the foundation on this page.

    Sanjay Chauhan

    1 year ago

    Sir I have seen a flat in Mumbai without OC and CC but the society has it's DC . So is the property legal and the building is made in 2013 ? Should I go for it

    vikrant vare

    1 year ago

    We are located in Kharghar, our lawyer is saying we have to pay transfer charges as well. Our plot is 660 sqm, what will be transfer charges as on date. Also he is saying that builder has not paid transfer charges while buying land to cidco, which we have to pay, is it ok?

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to vikrant vare 1 year ago

    Why you go to an advocate when you can go to CIDCO Office and ask about your plot's transfer charges paid by your builder, yourself.

    Do this small home work yourself, and find the dues of the plot by your builder.

    Unless full payment of the polt is makde, CIDCO don't allow construction of the building on its plot.

    sujit more

    1 year ago

    Hi sir,

    Here is the scenario of our housing society located at kalher, bhiwandi, thane.

    The land (7/12) belonged to person A. He gave it for redevelopment to builder.

    After redevelopment, flats are sold to us (i am one of the buyer).
    6 flats and few shops are taken by owner (person A).

    After few years, we registered housing society.

    Builder never gave any NOC, OC, CC, etc. to us.

    Our society is probably going for redevelopment.
    Now, the owner (person A) is saying that though you made society, 7/12 of land is still having my name and this land belongs to me so you won't get anything.

    My question is can he be still owner of the land? Can he eject us from our flat? What will happen if 7/12 of land is not transfered on societies name?

    Same person A is the chairman of society.

    What remedies do we have??
    Please reply.. Thank you

    (I have taken housing loan from bank)

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to sujit more 1 year ago

    I am sure that you all other members & secretary, Treasurer and Managing Committee Members of the society can go ahead with Conveyance of the Society, which is mandatory under Maharashtra Ownership Flats Act (MOFA Act).
    Come to Moneylife Foundation's Office on Monday or Tuesday between 4 pm and 7 pm, after you take an appointment with the expert for his free of charge advise, by fixing your an appointment with him by calling Shilpa on Tel 022 4920 5000 on any working day.

    VIJAY MONDKAR

    1 year ago

    We are 3 building 28 member society on collector land plot area is 2385 sq mtr.
    If we want to do DC what is the procedure

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to VIJAY MONDKAR 1 year ago

    Call Shilpa on Tel 022 4920 5000 on any working day, to book your appointment for a free of charge guidance from an expert on Monday or Tuesday, between 4pm and 7pm, for Deemed Conveyance of your collector's land Housing Society.

    MOHAN BHASKAR WAGH

    1 year ago

    Please let me know any further COMMENTS

    Devang Gandhi

    1 year ago

    Thank you for your reply.
    Can u tell me only if govrnment leased land can be conveyenced or DC?

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to Devang Gandhi 1 year ago

    On Government Leased Land Conveyance can be done for a Co-op. Hsg. Sty.

    Come to Moneylife Foundation's Office for a free of charge guidance from an expert, on Monday or Tuesday, 4 pm to 7 pm, after you fix your appointment by calling Shilpa on Tel 022 4920 5000 on any working day.

    Shirish Sadanand Shanbhag

    In Reply to Devang Gandhi 1 year ago

    Any land, whether it is Government Leased Land or Private land, Deemed Conveyance is possible.
    For Government land, District Collector's permission is required for conveying the land to the Housing Society, as its leased land.

    Devang Gandhi

    1 year ago

    Hi Sir,
    I am staying in Shanti Nagar, Mira Road. Our entire shanti nagar is aprox 870 acre land is divided in 11 sectors is on lease for 999 years. I wanted to know whether government leased land can be conveyed or deemed conveyed? As so many societies in all 11 sectors are trying to get deemed conveyance for their society but unable to get one. Kindly help. Thanks in advance.

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to Devang Gandhi 1 year ago

    Kindly come to Moneylife Foundation's Office on Tuesday, 4pm to 7pm with xerox copy all the documents of your Co-operative Housing Society that you have, for a free of charge guidance from expert on Deemed Conveyance.

    You will book your appointment with expert on any working day on Tel: 022 4920 5000.

    Jarana CHSL

    In Reply to Shirish Sadanand Shanbhag 12 months ago

    Hello Sir. Our Society registered during February 2019. In Phase 1 there are 3 Societies are formed. We have not yet taken Society handover. Now responsibility of billing and invoicing is still with the builder as they already collected 1 1/2 years maintenance charges in advance. Builder has given some documents to Society all copies are xerox and some are soft copy in pendrive. Kindly guide us what we have to do before handover. Is DC is mandatory before handover ?

    H P Khairnar

    2 years ago

    we are a society of 128 flats registered in 2013; the builder has not transferred the parking space hence the dispute is in court. Now our federation has decided to go for DC and they said that we will go with the approved plan given by builder which do not include the disputed space. The plan which is submitted by builder is not having the consent of society. We are saying that federation should consider our original approved plan but federation is refusing. What is the way out

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to H P Khairnar 2 years ago

    Go to your Building Proposal Department, if your building in Mumbai.
    If you are outside Mumbai, then go to Town Planning Department of your Municipal Corporation.
    If you are residing in a ZP or a Small Municipality Area, then go to Town Planning Department of District Collector's Office.

    When you go to one of the three places stated above, (I have to give all the possibilities, since you have not stated the place where your building is located.) under RTI ask for approved building plan.

    In it, parking is not involved in FSI calculations of the building.
    In such a case, it cannot be sold either by builder or by society.

    The way in which your society's has moved court, and case is pending for such a long time, it looks that your advocate has no idea of all such cases.

    For Deemed Conveyance of your Society's building and its land, to know how to make an application, along with to know how to resolve this parking dispute of your Society, come to Moneylife Foundation Office on Tuesday between 4pm and 7pm to get free of charge advise from the expert.
    Make phone call to 022 4920 5000 on working day, to book your appointment with the expert.

    H P Khairnar

    2 years ago

    we are a society of 128 flats registered in 2013; the builder has not transferred the parking space hence the dispute is in court. Now our federation has decided to go for DC and they said that we will go with the approved plan given by builder which do not include the disputed space. The plan which is submitted by builder is not having the consent of society. We are saying that federation should consider our original approved plan but federation is refusing. What is the way out

    KAMLESH ISRANI

    2 years ago

    Builder given possession 5 years back. Still No. OC. Also he is expired. Our Society is formed (Co-operative Society).. Can we go for DC.. Pl.suggest

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to KAMLESH ISRANI 2 years ago

    You make an application to Executive Engineer (EE) of your ward, at your Building Proposal Department (BPD) of BMC, by quoting IOD number and date, to give you all deficiencies to be fulfilled by your building to get OC to your Building.

    Within 15 days of your letter if no reply is received, then make Right to Information (RTI) letter to Information Officer (IO) of concerned EE of BPD.

    If you still have difficulties, then with your all the papers as in works above, come to Moneylife Foundation Office, on Tuesday, between 4 pm and 7 pm, for a free of charge advise from expert.
    Kindly phone 022 4920 5000 from 11 am to 3 pm on working days to fix your appointment with expert.

    [email protected]

    2 years ago

    Dear Sir,

    Our society has a unique problem where we have 11 flats on ownership basis and part of a co-op society, whereas the shops(14 nos) on the ground floor were on pagdi with the builder. Can our society get deemed conveyance ?

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to [email protected] 2 years ago

    Since Society has already formed, for 14 shops, builder is the member of the Society. All shopkeepers are tenants of the builder. Builder and the land owner to whom Society should give notice, asking them to execute a Conveyance Deed of the building and land in favour of the Society, or Society will go for Deemed Conveyance. Then proceed with Deemed Conveyance. For free guidance, send your query from lrc.moneylife.in Or visit Moneylife Foundation's Office near Shivaji Park, on Tuesday between 4 pm and 7 pm, after you book your appointment with expert on Tel 022 4920 5000 on Tuesday, between 11 am and 3 pm, for free of charge personal guidance.

    SUHAS AMBEKAR

    2 years ago

    Dear Sir, Is this Deemed Conveyance Deed procedure is applicable to Societies in Gujarat?

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to SUHAS AMBEKAR 2 years ago

    Co-operative Act is a State Act.
    Apply under RTI to your District Deputy Registrar, whether Deemed Conveyance of CHS's Building is possible in Gujarat State, as in Maharashtra State.

    Dave Cherian

    2 years ago

    Dear Sirs, I have downloaded a copy of the new GR dated 22 June 2018.. however it's in Marathi and I'm not able to follow much of it..
    Can you please make a English translation of it available for ppl like me to access?
    Or is there one already available?

    REPLY

    Shirish Sadanand Shanbhag

    In Reply to Dave Cherian 2 years ago

    Kindly send me by email on:
    [email protected]
    as an attachment.
    I will send you its translation in English by email.

    Invalid Licence: Driving to Disaster
    We Indians take false pride in our ability to innovate through, what we call, ‘jugaad’. While this may, occasionally, involve truly out-of-the-box solutions, it usually involves tweaking rules or outright breach of law. 
     
    For example, a two-wheeler, meant for two, turns into a family vehicle for four and a four-wheeler can cram in as many as 12 persons. In the process, the law as...
    Premium Content
    Monthly Digital Access

    Subscribe

    Already A Subscriber?
    Login
    Yearly Digital Access

    Subscribe

    Moneylife Magazine Subscriber or MAS member?
    Login

    Yearly Subscriber Login

    Enter the mail id that you want to use & click on Go. We will send you a link to your email for verficiation
  • Is Airtel taking mobile subscribers for a ride on international roaming charges?
    In India, we have thousands of companies in services sector. However, when it comes to customer service or giving fair treatment to consumers, almost all behave like a typical sarkari attitude of 'we only are right’ and ‘who cares about the customer’. Recently one customer learned this hard lesson when Airtel charged him twice for an international roaming package. 
     
    During May this year, Sainath (name changed) decided to opt for an international roaming package on his Airtel number as he was visiting France. For this visit, he opted for a 10-day roaming package from Airtel. During the entire signing process, nowhere he was told about the time followed for the billing cycle, whether it is 24 hours from first use or new 'day' starts at 12 in the night (zero hour). 
     
    Sainath started using this package at 9pm on 13th May and continued using it till 8.34pm on 23 May 2018, a duration of 10 days, as per his understanding and calculation. However, when he received the bill, he found he was charged twice for the same one-time charge on international roaming package of 10-days. The 10-day international package opted by Sainath was priced at Rs2,999, but in his bill he was charged Rs5,998. 
     
     
    He called Airtel's customer care at 121 and spoke with the executive and supervisor. However, both of them insisted that Sainath had used the package for 11 days and not 10 days. Both also told Sainath that this was as per their billing rule where new cycle starts at 12 midnight. When asked to show this rule in Airtel's terms and conditions, the customer care had no answers.
     
    Sainath says, "As you can see nowhere in Airtel's terms and conditions is it mentioned that billing starts at 12am or noon or any adhoc time. This is because that would bring us into the shady territory of timeline to follow whether that of India's or France's".
     
    Surprisingly, the terms and conditions of Airtel for availing international roaming pack mentions about ‘activation time’. It says, “Irrespective of the time of subscription to the pack, the activation of the pack shall only take place upon commencement of usage in an international location.”
     
     
    Yet, in this case, the activation time and 24-hour validity was not followed in Sainath’s case. 
     
    Responding to the case of Sainath mentioned in the above article, Prasanto Roy sayd he too was charged twice by Airtel for the same roaming package. Few others also shared their experiences with Airtel on the similar issue.
     
    This incident, however, is not limited to Airtel. Almost all mobile services provider in India have devised own plans of 28 days billing cycle, especially for prepaid subscribers. While for prepaid subscribers, the validity ends in 28 days, for post-paid customers it is stated as one month (30/31 days). (Read: How prepaid mobile subscribers are being looted). With this new innovative 28 days cycle, while the subscriber is made to recharge for 13 times, the operator earns additional revenues from one extra billing cycle. One senior executive from a telecom company justifies it by saying that for prepaid, they offer the price inclusive of taxes while in postpaid, it is stated separately. In the end, both prepaid or postpaid subscribers end up paying similar amounts, he claims.  
     
    Even Indian Railways follow the 12am billing cycle policy without explicitly mentioning it. Many countries, other than India, follow the true 24-hour concept. For example, in Budapest, the travelcard remains valid for 24 hours from the date and time you had purchased it. In Tokyo, the Metro 24-hour ticket allows unlimited rides for 24 hours from first use. Hong Kong too has similar arrangements. There the tourist day pass at its Mass Transit Railway (MTR) remains valid for 24 consecutive hours starting from the recorded entry time of the first journey.
     
    Coming back to India, Sainath is now exploring all options to get his excess bill revised as Airtel had neither informed him about the zero hour billing cycle or stated this in its terms and conditions.
     
    Hope Telecom Regulatory Authority of India (TRAI) and the Department of Telecom (DoT) are listening to issues faced by customers and make all mobile operators to remove the zero hour or 24-hour ambiguity in their terms and conditions.
  • Like this story? Get our top stories by email.

    User 

    COMMENTS

    APACHE RTR

    2 years ago

    My Airtel number 9779585609 has bin billed for Rs.10000/- approx. I availed airtel roaming pack for 10 days for Singapore Malaysia and Thailand. I was advised by the store that i have 300 minutes and 5gb data for use under the pack. But now i am being told that only 3gb data is available under the pack and i have been charged excess for data usage. Further, Airtel never bothered to send me a msg on pack activation so that i could get to know the actual benefits available under the pack and no details of the pack were available under the my Airtel app. I was compelled to believe what the staff advised.

    Don't know about others but Airtel surely is duping its customers when it comes to international roaming.

    REPLY

    DeepakSB

    In Reply to APACHE RTR 2 years ago

    Indian phone consumer is at the mercy of service provider.ALL SERVICE PROVIDERS-PRIVATE/GOVT.MORE OR LESS ARE SAME.TRAI and Telecom ministry /Consumer affairs WORK ONLY FOR LARGE AND INFLUENTIONAL SUBSCRIBERS/COMPANIES.

    Ordinar subscriber still in pre independence days of slavery.!!!!!

    J. P. Shah

    2 years ago

    This is generic problem against consumers and hope TRAI and DoT will act firmly

    J. P. Shah

    2 years ago

    My family member also had bitter and exploitative experience of AIRTEL. His 10 day international roaming plan was activated without his request and billed for Rs.2999+GST.




    Customer care center, nodal officer and appellate authority of Airtel did not accept their mistake nor passed speaking orders by AA. Matter is scaled up to TRAI for regulatory action for flouting TRAI regulations.

    Pankaj Mahidhar

    2 years ago

    Cheating is Indian corporate culture. Each and every company cheats. If you can't increase the price, reduce the size irrespective of product or service. They are well supported by government and regulators. Every amendment creates new loopholes so people don't get bored with age-old cheating methods.

    Ralph Rau

    2 years ago

    Its a tough environment for Indian telcos.

    Government license fee and tax demands are unrelenting.

    Then Reliance comes along and engages in unfair, unreasonable and anti-business free pricing.

    Telcos are being driven against the wall ?

    Mohan Sivanand

    2 years ago

    I have use Matrix cards when I travel abroad. I choose only prepaid so that once the duration elapses, it's over and there's no chance of any extra billing. In April-May, I was in Japan for 16 days, but my Matrix card was valid for only 14 days. Even so, I made a request to them to give me two extra days and they kindly did so with no extra charge. While I was in Japan (I had a local SoftBank SIM card from Matrix), it suddenly stopped working one night, so I e-mailed Matrix in Mumbai and I got a call from them the next morning, apologizing for the fault and telling me that it was fixed.

    Umesh Gupta

    2 years ago

    Similar experience.
    This happened to me in March.
    Customer care was just not willing to listen to my point of view. Not only were they rude , they just brushed aside my view.

    Jairam S Narayan

    2 years ago

    It is shameful of companies of the repute of Airtel to behave in this manner. In fact, I think in India, customer service is only a lip service. No company in this country really takes the customer seriously, neither the Govt.

    That is the unfortunate truth.

    DeepakSB

    2 years ago

    Even Govt.owned MTNL fools subscribers with International Roaming.A relative who is in USA with international roaming activated on his MTNL mobile no. (Rs.7000/- paid as activation and deposit)-suddenly during May-June 2018 for over 10 days,his mobile was dead-no network.This roaming was activated to keep updates of bank transactions/OTPs.
    When complained to MTNL,he was told a dispute between At&t (USA-Roaming partner of MTNL) and MTNL for roaming services.(Dispute must be non payment of roaming fess by MTNL to At&T).MTNL NEVER INFORMED ITS SUBSCRIBERS FOR THIS DISPUTE.

    Such disruption of International roaming can result in NON detection of financial frauds in banking transaction in India.(Absence of OTP and SMS on MTNL mobile no.while roaming at USA ).
    MTNL and its highly paid officials had NO REGRETS for such operational mess.MTNL officials are UNACCOUNTABLE GOVERNMENT OFFICIALS !!!!. Complaints sent to MTNL,and Telecom Ministry ON OFFICIAL WEBSITES AND TWITTER ACCOUNTS were NOT answered for over TWO weeks.

    Its dissicult for an ordinary subscribers WHOM TO TRUST IN SUCH CASES-GOVERNMENT TELECOM PROVIDERS OR PRIVATE TELECOM COMPANIES !!!!

    Prema Ramaswami

    2 years ago

    The exact same thing happened to my relative, a post paid customer with Vodafone. It took days of complaining, writing emails, phoning over and over again, to get the problem sorted. The bottom line is, with so much free WiFi everywhere, why bother with rip-off roaming programs of Indian mobile carriers?

    suneel kumar gupta

    2 years ago

    This is prevalent in many service sectors. Even in hospitals,they will make u wait till 8 pm saying room is not available. Then charge u date wise. If admitted on 10 th at 8 pm and discharged at 10 amon 11 th, u r charged for 2 days , i. e. 10 th and 11 th.

    We are listening!

    Solve the equation and enter in the Captcha field.
      Loading...
    Close

    To continue


    Please
    Sign Up or Sign In
    with

    Email
    Close

    To continue


    Please
    Sign Up or Sign In
    with

    Email

    BUY NOW

    online financial advisory
    Pathbreakers
    Pathbreakers 1 & Pathbreakers 2 contain deep insights, unknown facts and captivating events in the life of 51 top achievers, in their own words.
    online financia advisory
    The Scam
    24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
    Moneylife Online Magazine
    Fiercely independent and pro-consumer information on personal finance
    financial magazines online
    Stockletters in 4 Flavours
    Outstanding research that beats mutual funds year after year
    financial magazines in india
    MAS: Complete Online Financial Advisory
    (Includes Moneylife Online Magazine)
    FREE: Your Complete Family Record Book
    Keep all the Personal and Financial Details of You & Your Family. In One Place So That`s Its Easy for Anyone to Find Anytime
    We promise not to share your email id with anyone