Deemed conveyance in Mumbai

Advocate Vijay Trivedi - My Profile in Nutshell ..

I have been attached with Real Estate industry – in last 23 years and become Legal Documents Specialist.

  

➔  My recent Achievements: Timely Accomplished Unique assignments under MOFA in Maharashtra:

First in Mumbai City and Second in India successfully carried out Unilateral Deemed Conveyance: for industrial plot in Mumbai and industrial re-development is under consideration.

First ever fastest deemed conveyance ordered received in favour of Mohaprabha CHS in Just 40 days under MOFA from DDR- City (1) Mumbai. Merger of two and more CHS got Deemed conveyance ordered in favoured of and processed for redevelopment of the housing society in Mumbai.

Recently I got Leased Property got Deemed conveyance order under MOFA in Mumbai city.

➔    Successful Tenants Negotiations SRA – Private Redevelopment:

SRA – Private Redevelopment: Successful completion of Redevelopment Process Planning, and ensuring Tenants Satisfaction with reliabilities, spanning form smaller to larger tenanted units at SRA and Private Redevelopments, JVS, DR Assignments.

To handle all issues pertaining to SRA (Slum Rehabilitation Authority), Tenancy, Redevelopment, Evictions, etc. and guide the Company with appropriate legal procedure to be adopted for resolving them.

Meanwhile, I got opportunity to make presentation to the various society and following are the various aspects that cater deemed conveyance. If any one wants, any clarification can email me on vijtrivedi@gmail.com, will revert with special answers. 

Deemed Conveyance Draft Presentation Transcript for PPT presentation

Introduction:

Why and What is Land and building Conveyance?

1. Many property owners in Mumbai particularly co-operative societies face the serious problem of not having conveyance done on their purchased property asset.
2. This is particularly so in properties purchased very many years ago.
3. Given that real estate is a valuable asset and laws now allow it to be further developed, lack of conveyance deed is a crippling omission.
4. A conveyance deed is a document that conveys a property’s title of ownership from the original owner to the ultimate purchaser.
5. Establishing the right of the current owner in the absence of the orignal owner/ seller, is called deemed conveyance.
6. It is the legal remedy in the situation where the seller is either untraceable or is unwilling to come forward and co-operate in the process of establishing current ownership of the property.

In this case, Deemed conveyance protects the basic right of the purchaser to the title of property.

1. It ensures no one, including the seller, can then fraudulently claim a right to the property in future or try to use, pass off in public and try and dispose of the same as though it were his own.
2. Conveyance or Deemed conveyance is the right and privilege of every Co-operative Society – housing, commercial, or industrial, that should come into existence within four months of its formation.
3. Considering the changing scenario in the real estate sector, expenditure for procuring the Conveyance would be comparatively negligible in comparison to the benefits the Society and its members would derive once Conveyance is procured.

What supposed to be done by builder/developer/landlord on/after forming a cooperative society?

1. As per MOFA, The Promoter( 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. 
2. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies, having some vested interest.
3. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies.
4. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

What is the difference between the deemed Conveyance and the Regular Conveyance.?

Legal Dictionary meaning - “deem” means

To judge or consider

Whereas, deemed means:

1. To have as an opinion (For e.g. judge may say: deemed it was time for a change)

2. To regard as; consider (for e…g deemed the results may be satisfactory)

Whereas conveyance means:

1)      The transfer of the title and interest of land by one or more persons, to another or others.

2)      By the term persons is here understood not only natural persons but corporations, cooperative society.

3)      The instrument which conveys the property is also called a conveyance deed.

Hence, what is conveyance deed

1)      The written document which transfers title (ownership) or an interest in real property to another person.

2)      To complete the transfer (conveyance) the deed must be recorded in the office of the registrar.

Hence for our purpose for Conveyance and Deemed conveyance is nutshell:

1. In case of regular conveyance, the builder/ Developer/ Landowner prepares a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.
2. In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. 

1)      Ownership on the other hand is conglomeration of legal rights.

2)      Ownership denotes the legal relation between a person and an object (property).

3)      Ownership is thus the sum total of rights a person has over an object.

4)      A normal case of ownership would exhibit the following rights:

·         The right to possession an object (Though may not have the physical possession)

·         The right to use and enjoy the thing owned

·         The right to consume, destroy or redevelop or alienate the things owned. These are known as the liberties of ownership and power.

·         The right to enjoy a property indefinitely. Thus house property remains under the ownership of the legal owners until sold.

·         The right to retain residual right over a property / land. Thus when property let on lease, mortgage owner retains right of reversion i.e. the right to receive back the property on expiry of lease.

Hence, the Ownership is “the bundle of rights” in a property and can be owned by an individual, by two persons, an association of person, a cooperative society.

• Again, the form of ownership may be diverse, such as ownership in case of in cooperative is co-share and in an undivided property interest.
• In case of cooperative society, the entire land and building comprising the common property belonging to the co-operative society, which administers the areas of common uses and facilities.
• The individual flat / shop owner, as a member of society , enjoys title to and exclusive right over his own premises together with proportionate share in areas of common use and facilities.
• In case of any transfer, the cooperative society has right of pre-emption in order to regulate its membership patter, under the state cooperatives Act, (for e.g. MOFA)

In Nutshell, once deemed conveyance deed is done and registered, cooperative society enjoys the highest form of right with regards to Real Estate goes by the name Freehold or Free Simple. Such owner is entitle to:

a)      Use of land/property in any manner. (For e.g. Residence/commercial/industrial etc.)

b)      Enjoy property by exclusive possession. (for e.g. Outsider has no scope in my tertiary)

c)       Derive benefits, income or profit from the property. (For e.g. Cell Towner, Advertisement hoarding, rentals etc.)

d)      Dispose the property by sale. (For e.g. Redevelopment, Development Rights etc.)

e)      Enjoy/use the property so long as it does not result in a nuisance (For e.g. Enjoy it end in nos. of way, to the extent it is not harm public interest at large )

Check-list for Deemed Conveyance Order – Documents should be available

From Society:

1. Society Registration Certificate

2. List of Members

3. Complete Copy of Agreement for Sale

From Members:

1. Stamp Duty & Registration receipt of all the members

2. Stamp Duty & Registration receipt of all the Re-sale flats (Now not required)

3. Index II of all the agreements, if any, normally attached with agreements

From Developer / Land Owners:

1. Development Agreement

2. Death Certificate of owners of the land who have expired

3. Partnership deed of the partners

4. Partnership Deed Registration Proof

5. Conveyance Agreement with the Builder

6. Will, Probate Copy, in case the development agreement is signed by legal heirs.

7. Land Agreement (with the earlier owner and Builder)

City Survey Office / Talati / Tashildar Office:

1. 7/12 Extract

2. Village Form No.6

3. Property Card

4. City Survey Map

 Collector Office:

1.N.A Order

2.U.L.C Order (If not available, then it is allowed, as the ULC Act has been abolished by the state govt.)

3.N.A Tax paid Receipt

 From Local Authority / BMC

1. BMC approved Plan

2. BMC (Intimation of Disapproval - IOD)

3. BMC (Commencement Certificate)

4. BMC (Occupation Certificate)

5. BMC (Building Completion Certificate)

6. BMC (Property Tax Paid)

7. Location Map

Reports From Professional:

1. Survey Report – From Architect / Survey Engineer

2. Search Report – From an Advocate

3. Title Clearance Certificate about the property by an advocate (30 years)

4. Deemed Conveyance Draft (Universal Deemed Conveyance Draft)

Deemed Conveyance Application:

There are 20 documents to be submitted with the application, once society finalised will have all the details will be provided in due course of time. 

THANK YOU

Advocate Vijay Trivedi

High Court, Mumbai

# 9819473440 vijtrivedi@gmail.com