We will look at the procedure for obtaining a deemed conveyance. Our previous blog, what is conveyance and deemed conveyance? Outlines what both these terms mean and how they are different from each other. The process for both conveyance and deemed conveyance, however, is the same.

The Procedure for Deemed Conveyance involves the following Stages:

Stage 1 - Preparation for Deemed Conveyance

During this stage, the Managing Committee prepares the Members of the Co-Operative Housing Society for Deemed Conveyance.

Stage 2 - Documentation for Deemed Conveyance

During this stage, the Documents Required for Deemed Conveyance are collected/ organized & the case is prepared.

Stage 3 - Legal Case for Deemed Conveyance

During this stage, the case is filed before the Competent Authority & after contesting the same, the Order & Certificate upholding the right of Deemed Conveyance of the Society is obtained.

Stage 4 - Registration of Deemed Conveyance

During this stage, the Deemed Conveyance Deed is Adjudicated, properly Stamped & Registered.

Stage 5 - Transfer of Property after Deemed Conveyance

During this stage, the Society Name is incorporated in the Land Revenue Records.

Let’s discuss each step in detail.

In this stage, the managing committee needs to pass a resolution to undergo a deemed conveyance. A Special General Meeting is scheduled with prior notification and consent of all the members is obtained to move ahead.

During this SGM, the following Resolutions are typically passed.

  • Resolution for going ahead with Deemed Conveyance
  • Resolution for Appointment of Authorized Representative
  • Resolution for Appointment of Legal Consultant for Deemed Conveyance
  • Resolution for Per Member Contributions

This is the most crucial step in obtaining a deemed conveyance. It is a very meticulous job and makes sure all the documents are lined up within the right format. You would require land revenue records, municipal corporation records, society records, property development records, and professional certificates.

All these documents can be obtained from various departments such as Land revenue records from City Survey Office, Tahasildar/ Talathi Office & District Collector Office, municipal corporation records from Building Proposal Department of the Municipal Corporation. Society records and certificates can be obtained from society offices and professionals.

Once all the documents are lined up, society needs to fill in Deemed Conveyance Application- Form VII and attached all the related documents. In case of deemed conveyance, a legal notice is sent to the developer for their consent. In regular conveyance procedures, since the developers or promoters are willingly providing the rights lot of documents can be quickly recovered from them.

Once the form is filled up, and all documents are annexed, it is submitted to the Competent Authority- The District Deputy Registrar of Co-Operative Societies of the particular District.

Once the application is submitted to the authorities, they issue Deemed Conveyance Scrutiny Report- Form VIII within one month. Once the compliance is provided, the authorities issue Summons & Newspaper Notices to the Land Owners & Property Developers for appearing for the hearing.

During the hearing process, authorities take into consideration the arguments of both parties. The process takes place within 3-4 months. Once all the arguments are documented, the office issues a Deemed Conveyance order within one month. The whole process is completed within six months, as this is a time-bound activity.

A deemed conveyance deed is created during this phase and is signed by both societies and developers. If developers do not appear for hearing in the prior stage (Which is the case in deemed conveyance), authorities have the power to sign the deed on behalf of developers.

Society needs to conduct a meeting and appoint three members to sign the deed. Post that the deed is submitted to the district stamp office for adjudication. If all the members have paid their stamp duty and if there is no balance FSI, the office issues adjudication certificate. (Note – Deed only requires Rs 100 stamp duty). The adjudication certificate needs to be then franked from the local bank and resubmitted to the registration office.

The registration office then issues notice to landowner/developer to verify if there is any stay order against the deed of conveyance. (Note – The developer can get the stay order only from the high court). If there is no stay order, the deed of deemed conveyance is registered, and then the office issues scanned documents and Index II. This marks the end of the registration process, and society becomes the owner of the land and structure.

In this phase, a new application is submitted to various departments to make mutation entries in their records. This would make the process complete.

Our next bog would cover the complete process of online deemed conveyance. To find out more on conveyance/deemed conveyance or to schedule a free seminar for your society, write back to us at marketing@societyplus.co.in