What is deemed Conveyance?
The Builder/ Developer is legally required
to convey the
land and the building within 4 months of formation to
the society or any legal body of the flat purchasers.
However, it has been the experience that many
Builders/Developers have not conveyed the land and
building to the legal bodies. Therefore, government has
amended the Maharashtra
Ownership Flats
Act, 1963 (MOFA) and provided for the deemed
conveyance in favour of the legal bodies. Under the
provision, deemed conveyance means after the
expiry
of 4 months of formation of the legal body, the land and
building is
deemed to have been conveyed to the legal
body and to bring the same in the revenue record, a
Competent Authority has been designated
who will hear the
parties on the basis of applications
received from the aggrieved party and
transfers the title
in favour of the legal body by passing the necessary
order
and deemed conveyance certificate and appoint
an authorized officer to execute
the conveyance deed
in favour of the society and execute on behalf of non
co-operative builder or the land owner. Getting the title
of land and building
by adopting the above procedure is
known as deemed conveyance.
Documents
needed for deemed conveyance.
i) The registered Agreement for sale entered into
with the
promoter/opponent
party
ii) 7/12 Extract and Village form No.6 (Mutation
entries)
iii) Property card,
iv) Location Plan
v) City survey plan or survey plan from the
revenue department.
vi) Layout Plot plan approved by the local
authority
vii) Architect certificate about the entitlement
of
undivided interest in the entire Layout Plot, common
areas and the facilities
by each of the entity or the
structure constructed or to be constructed on such
Layout Plot.
viii) Latest Title and Search Report for last 30 years
from an advocate,
ix) Non-Agricultural Order
x) Certificate under Urban Land
Ceiling Act, 1976
xi) Building/ Structure Plan approved by
the appropriate
authority,
xii) Commencement Certificate,
xiii) Completion Certificate,
xiv) Occupation Certificate,
xv) List of Flat Purchasers
xvi) Proof of payment of Stamp Duty
xvii)Proof of Registration, etc. ,
xviii)Development agreement or power of attorney
or
agreement for sale executed by the landlord with the
promoter for
development or for transferring the right,
title and the interest in the land
in favour of the
promoter.
xix) Any other land or building related documents
papers in support of the application.
xx) Legal notices send to the Promoter and other
interested parties to execute the conveyance deed or
declaration as provided
under Maharashtra Apartments
Act, 1970 in favour of the applicant/s.
xxi) Draft conveyance deed / Declaration proposed to
be executed in favour of the applicant.
Contact : Aasha Realtors :
Office :- 022 - 2895
32 32 / 022 - 2894 87 47 / 022 -
28906363
Mobile :-Neeta-
9821411063
Skype Id :-
neeta.shah30
Shop No. 2 & 10 ,
Shailesh Apartments, Borivali West, Mumbai – 400103, India
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