Deemed Conveyance in Maharashtra: Process, Documents & Timelines
Expert Jurist LLP · Reviewed by Adv. Jyotishwar Bhosale · Updated 2026-08-18
Thousands of Maharashtra housing societies stand on land they do not legally own. The buildings are occupied, the flats are paid for — but the promoter never executed a conveyance deed transferring the land and structure to the society. Without it, redevelopment stalls, property cards stay in the builder's name, and every transaction carries friction.
The Maharashtra Ownership Flats Act (MOFA) obliges the promoter to convey title within the prescribed period. When promoters default — as they routinely do — the law provides a remedy that does not depend on the builder's cooperation at all: deemed conveyance. This guide explains how it works in practice.
What conveyance is, and why societies don't have it
Conveyance is the legal transfer of the promoter's right, title and interest in the land and building to the co-operative society (or other legal body) formed by the flat purchasers. MOFA requires the promoter to execute it within the period agreed — or, absent agreement, within the statutorily prescribed months of the society's formation.
Promoters delay for predictable reasons: unconsumed FSI or TDR they hope to exploit, unsold units, disputes among land-owners, or simple indifference once collections are complete. Meanwhile the society cannot redevelop, mortgage or fully control its own premises.
Deemed conveyance: the remedy that bypasses the builder
Under MOFA, where the promoter fails to convey within the prescribed period, the society may apply to the District Deputy Registrar of Co-operative Societies — designated as the Competent Authority — for a unilateral, or 'deemed', conveyance.
After hearing the promoter and land-owners, the Competent Authority can certify that the society is entitled to conveyance and issue a deemed conveyance order, on the strength of which the conveyance deed is executed and registered even without the promoter's signature. The promoter's absence or objection, if unsupported, does not defeat the society's right.
The documents checklist
Deemed conveyance applications are won on paperwork. The core bundle typically includes:
- Society registration certificate and a general-body resolution authorising the application.
- The prescribed application form with court-fee, and a list of all flat purchasers with their agreement details.
- Registered agreements for sale (index II extracts) for the flats, and stamp duty/registration proof.
- Title documents of the land: 7/12 extract or property card, search report, and the development agreement/power of attorney chain where applicable.
- Approved building plans, occupation certificate where available, and the commencement certificate.
- The draft conveyance deed the society seeks to have executed.
The process and realistic timelines
The Competent Authority scrutinises the application, issues notices to the promoter and land-owners, hears objections, and — where the society's entitlement is made out — passes the deemed conveyance order together with a certificate authorising unilateral execution.
The statute contemplates a time-bound disposal of the application within months; in practice, allow roughly six months to a year from filing to registered conveyance for a clean matter, longer where title is layered or objections are pressed. Societies with incomplete flat-purchaser documentation should budget time to cure gaps before filing rather than during the hearing.
After the order: registration and what changes
The deemed conveyance order is not the finish line. The deed must be adjudicated for stamp duty (with credit for duty already paid on individual flat agreements), executed before the registering officer, and registered; thereafter the society applies to mutate the property card and revenue records into its own name.
Once conveyance is complete, the society controls its own land: redevelopment negotiations happen from strength, unconsumed development rights belong where they should, and members' titles rest on a complete chain. It is the single most valuable piece of housekeeping a society can finish.
Frequently asked questions
How long does deemed conveyance take in Maharashtra?
A clean application typically completes — through order, execution and registration — in roughly six months to a year. Layered land titles, missing flat agreements or contested hearings extend that.
Can the builder block deemed conveyance by objecting?
Objections are heard, but an unsupported objection does not defeat the society's statutory entitlement. The remedy exists precisely for promoters who will not cooperate.
What if some members never registered their flat agreements?
Unregistered agreements are the most common weakness in applications. They can often be cured — by registration, adjudication or supporting documentation — but it is far better to address them before filing.
Does deemed conveyance cost stamp duty again?
The conveyance deed is adjudicated for stamp duty with credit for the duty paid on individual agreements; in a typical fully-stamped building the incremental duty is limited, though each matter should be adjudicated on its facts.
Is deemed conveyance needed before redevelopment?
Practically, yes — developers and financiers expect the society to hold title. Attempting redevelopment without conveyance hands the old promoter continuing leverage.