Deemed conveyance procedure for CHS becomes easy now
Raju Vernekar 29 June 2018
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.
 
Comments
ravibreeze32
3 months ago
Dear Sir kindly advice if we have gift deed document can we submit that to society for availing deemed conveyance for society
dhananjay.londhe52
5 months ago
The information given is useful. However it is necessary to use proper legal terminology while giving such important information. In Para 6 which gives list of documents required says "Sale Deeds of all members", which is wrong. They will have Agreements for Sale only. If they had sale deeds, no Deemed C onveyance would be required. Deemed conveyance is required because they don't have sale deeds.
shirishparmar
9 months ago
Dear Sir

We received Deemed Conveyance 4 Years Back. as a flat owner we ask society to give copy of Deemed Conveyance they are not giving .
so as a flat owner we have rights to have ?
Why society not giving copy to us ?
shirish.s
10 months ago
Those who have any difficulties in Deemed Conveyance work of their Society, kindly sent your problem by email.
Within a week you will get reply by email, from experts of Moneylife Foundation.
nsrao41
1 year ago
Respected Sir - Greetings.



SUBJECT ; DEEMED CONVEYANCE DEED ( DCD ) / YOUR EXPERT ADVISE IS DESIRED FOR SHARING THE CHARGES FOR DCD.



Respected Sir – Greetings to you from Shree Shankar Heights CHS LTD, Kamothe.



Our SSH CHS LTD is situated at plot no. 56, Sector – 36 of Kamothe – 410209 with 91 members ( 14 nos. 1125 sq.ft, 12 nos. 1090 sq.ft, 26 nos. 660 sq.ft & 39 nos. 650 sq.ft ) & our builder is M/s. Yug Developers, Ghatkopar.



Yug Developers is the 3rd owner of our plot where as the first 2 owners have sold this plot in the year 2007 and all the 3 transactions have taken place in the year 2007 where applicable Maveja Tax was 1%. Our builder tried to complete the conveyance deed in the year 2015-16 where the Maveja tax was revised to 5%. To complete the conveyance deed, builder was asked to pay the Maveja tax difference of 4% + 4% = 8% which is the difference in tax for earlier 2 transactions of sale of plot.



So, builder has registered our SSH CHS LTD society under non cooperation bypassing the conveyance deed.



Now, our Managing Committee ( MC ) of SSH would like to complete the deemed conveyance deed ( DCD ) at the cost of 45 lakhs which includes the stamp duty , CIDCO fees, Maveja tax difference & consultant charges. MC is sharing & started collecting this 45 lakhs proposed expenditure equal to all 91 flats @ Rs. 49,000/- irrespective of above mentioned different sizes of the flats even though there is a protest from 1 BHK members where the size of the flat is smaller compared to 2 BHK flats.



We need your expect advise on sharing of this 45 lakhs and we 1 BHK members need the justice as everyone feels that the charges must not the same for all the 4 different types of flats.



Yours Sincerely,

N S Rao, Member 1 BHK flat.
8454048778 / [email protected]
shirish.s
Replied to nsrao41 comment 10 months ago
Kindly submit your documents for Deemed Conveyance at Competent Authority of CIDCO Societies..
If you fact any difficulties at any step, please contact Moneylife Foundation by email.
Uday Gonjare
2 years 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.
shirish.s
Replied to Uday Gonjare comment 10 months ago
Be with some interested members of your society, and go to District Deputy Registrar of Co-op. Societies, who is Competent Authority (CA) for Deemed Conveyance of your Society.
Mukesh Pednekar
2 years 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
Sucheta Dalal
Replied to Mukesh Pednekar comment 2 years 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
3 years 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
3 years 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?
Shirish Sadanand Shanbhag
Replied to vikrant vare comment 3 years 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
3 years 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)
Shirish Sadanand Shanbhag
Replied to sujit more comment 3 years 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
3 years 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
Shirish Sadanand Shanbhag
Replied to VIJAY MONDKAR comment 3 years 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
3 years ago
Please let me know any further COMMENTS
Devang Gandhi
3 years ago
Thank you for your reply.
Can u tell me only if govrnment leased land can be conveyenced or DC?
Shirish Sadanand Shanbhag
Replied to Devang Gandhi comment 3 years 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
Replied to Devang Gandhi comment 3 years 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
3 years 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.
Shirish Sadanand Shanbhag
Replied to Devang Gandhi comment 3 years 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
Replied to Shirish Sadanand Shanbhag comment 3 years 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
3 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
Shirish Sadanand Shanbhag
Replied to H P Khairnar comment 3 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.
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