Many housing societies in Maharashtra face challenges when their buildings are not registered under MahaRERA and the developer fails to execute the conveyance deed. In several such cases, although flats are occupied and societies are formed, the land title remains in the developer’s name. The conveyance of land and building to the society is a legal right under the Maharashtra Ownership Flats Act (MOFA), 1963. This article explains the process of obtaining conveyance or deemed conveyance, the importance of the Occupancy Certificate (OC), and the necessary steps for societies to regularize ownership.
Legal Obligation of the Developer
According to Section 11 of MOFA, the promoter or developer is legally bound to transfer ownership rights of the land and building to the cooperative housing society. The conveyance deed must be executed within four months of society registration, if no specific timeline is mentioned in the sale agreement. The developer must also obtain the Occupancy Certificate (OC) from the local authority before handing over possession to flat purchasers.
Once the conveyance deed is executed, a copy must be submitted to the competent authority within two months. However, many developers delay or fail to execute conveyance, often due to disputes, unpaid dues, or project irregularities. In such situations, the housing society can proceed with Deemed Conveyance as provided under Section 11(3) of MOFA and Rule 9 of the Maharashtra Ownership Flats Rules, 1964.
Process of Obtaining Deemed Conveyance
If the developer fails to execute the conveyance, the cooperative housing society can independently apply for Deemed Conveyance. The procedure involves the following steps:
-
Filing Application with the DDR:
The society must submit an application to the Deputy District Registrar (DDR) of Cooperative Societies along with the prescribed fee. -
Submission of Documents:
The society must attach the following key documents:-
List of society members and Index II for each flat
-
True copy of society registration certificate
-
Development agreement and layout plan
-
Legal notice issued to the developer requesting conveyance
-
Copy of Occupancy Certificate (if available)
-
Proof of stamp duty and registration of sale agreements
-
Draft of proposed conveyance deed
-
Contact details of the developer
-
Supporting documents from the city survey office, collector’s office, and municipal corporation
-
-
Hearing by DDR:
The DDR will issue notices to both the developer and the society, giving both parties an opportunity to present their case. After verification of documents, the DDR may pass an order granting Deemed Conveyance in favour of the society.
Importance of Occupancy Certificate (OC)
An Occupancy Certificate is essential for obtaining legal conveyance of the property. The OC certifies that the building has been constructed according to approved plans and is fit for occupation. Without an OC, the conveyance process may face hurdles. Developers sometimes fail to obtain OC due to unpaid municipal dues, non-compliance with building norms, or incomplete construction.
If your society has not received the OC, it must take proactive steps to obtain it—either by requesting the developer to settle dues or by coordinating directly with the local authority. While obtaining the OC may involve costs, it is a critical requirement before pursuing conveyance or deemed conveyance.
Conclusion
If your building is not registered with MahaRERA but is occupied, and the developer has not executed the conveyance, your society still has the legal right to secure ownership through Deemed Conveyance. Ensure that the Occupancy Certificate is obtained before proceeding, as it validates the building’s legality. With proper documentation and cooperation among members, societies can complete the conveyance process and secure full ownership of their property.
