Many cooperative housing societies in Maharashtra face the challenge of obtaining conveyance of land and building from developers, especially in projects constructed before MahaRERA registration became mandatory. Buildings constructed in 2015 and 2016 may not be registered under MahaRERA, but the legal obligation of the developer to execute the conveyance deed and obtain the Occupancy Certificate (OC) still applies. If the builder fails to execute conveyance, societies have the legal remedy of applying for deemed conveyance.
Developer’s Obligation for Conveyance
Under the Maharashtra Ownership of Flats Act (MOFA), the developer is legally required to:
-
Obtain the Occupancy Certificate (OC) from the competent authority.
-
Execute the Conveyance Deed in favour of the cooperative housing society within four months of its formation, unless otherwise specified in the agreement of sale.
-
Submit a copy of the executed conveyance to the competent authority within two months.
If the developer does not comply, the society must independently pursue conveyance rights.
What if Conveyance is Not Given?
In such cases, the housing society can apply for Deemed Conveyance under Section 11 of MOFA. The process is as follows:
-
File an application before the Deputy District Registrar (DDR) of Cooperative Societies with the prescribed fee.
-
Submit supporting documents, including:
-
List of members and their Index II copies issued by the Sub-Registrar.
-
True copy of the society’s registration certificate.
-
Development agreement and sanctioned plans.
-
Legal notice issued to the developer.
-
Proof of payment of stamp duty and registration fees.
-
Draft conveyance deed in favour of the society.
-
Occupancy Certificate (OC).
-
Additional documents from the city survey office, collector’s office, or municipal corporation, if not available with the society.
-
-
The DDR will give a hearing to both the society and the developer before passing an order.
-
Once approved, the land and building are conveyed in the society’s name by way of a deemed conveyance order.
Importance of Occupancy Certificate (OC)
The Occupancy Certificate is crucial in the conveyance process. Without it, the land cannot be legally conveyed in the society’s name. Common reasons for non-receipt of OC include unpaid municipal taxes, development charges, or non-compliance with building norms. If your society does not yet have the OC, it must work with the developer or approach the municipal corporation to regularize and obtain it, which may involve additional costs.
What if the OC is Not Received?
If the developer has not obtained the OC:
-
The society cannot proceed with conveyance.
-
The managing committee must follow up with the developer or, if necessary, directly pursue compliance with the municipal authority.
-
The society should be prepared for additional expenses, as developers often leave pending dues unpaid.
Conclusion
Even if your buildings were constructed before MahaRERA registration was mandated, the law under MOFA ensures that your society has the right to obtain conveyance. If the builder does not voluntarily execute the conveyance deed, your society can pursue deemed conveyance through the DDR. However, having a valid Occupancy Certificate is mandatory for successful conveyance. Therefore, your society must first ensure that the OC is obtained before proceeding with the deemed conveyance application.
