How to Apply for Deemed Conveyance of a Housing Society Flat in Maharashtra: Process and Documents

In Maharashtra, thousands of housing societies occupy buildings where the developer has never executed a conveyance deed transferring the land and building to the society. Without conveyance, the society has no legal title to the property on which it stands, leaving members vulnerable to developer misconduct, unauthorized construction, and inability to take major decisions about the building. The Maharashtra Ownership Flats Act (MOFA), 1963, the Maharashtra Apartment Ownership Act, 1970, and the Real Estate (Regulation and Development) Act (RERA), 2016 together provide the legal framework for deemed conveyance, a mechanism that allows housing societies to obtain title even when the developer refuses to cooperate. This guide covers the legal provisions, the step-by-step process, required documents, stamp duty and registration, and the impact of the MOFA Amendment of 2025.

What Is Deemed Conveyance?

Conveyance is the legal transfer of the developer's right, title, and interest in the land and building to the cooperative housing society, company, or association of apartment owners formed by the flat purchasers. When the developer voluntarily executes and registers the conveyance deed, it is called a voluntary conveyance. When the developer fails or refuses to do so, the law provides for deemed conveyance: a unilateral transfer of title carried out by the society through the Competent Authority, without requiring the developer's signature on the conveyance deed. The deemed conveyance, once registered, has the same legal effect as a voluntary conveyance. For related property law requirements, understanding the process for obtaining a building completion certificate is often a prerequisite.

Legal Framework: MOFA Section 11 and RERA Section 17

Section 11 of MOFA, 1963 imposes a statutory obligation on the promoter to take all necessary steps to complete title and convey to the organization of flat purchasers (cooperative society, company, or association) the promoter's right, title, and interest in the land and building. If no period for execution of conveyance is agreed upon, the promoter must execute it within the prescribed period. If the promoter fails to do so, Section 11(3) and 11(4) of MOFA empower the members to apply in writing to the Competent Authority for a certificate declaring that the society is entitled to have a unilateral deemed conveyance executed and registered in its favour.

Section 17 of RERA, 2016 separately mandates that the promoter of a project shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas. The proviso to Section 17 states that in the absence of any local law specifying a period, the conveyance must be executed within three months from the date of issue of the occupancy certificate. Rule 9(2) of the Maharashtra RERA Rules provides that in single-building projects, if no period is agreed upon, the promoter must execute the conveyance within three months of the occupancy certificate or full payment by 51% of allottees, whichever is earlier.

The MOFA Amendment of 2025: Harmonizing MOFA and RERA

The Maharashtra Ownership Flats (Amendment and Validation) Act, 2025, enacted on December 31, 2025, resolved a longstanding uncertainty about the interplay between MOFA and RERA. The amendment introduced Section 11A, which specifically addresses RERA-registered projects. If a promoter fails to fulfill the conveyance obligation under Section 17 of RERA, the allottee or association of allottees may now apply to the MOFA Competent Authority, the District Deputy Registrar of Cooperative Societies, for unilateral deemed conveyance. The amendment operates retrospectively from May 1, 2016 (the date RERA came into force). Section 5 of the amendment contains a validation and savings clause that upholds all prior deemed conveyances and orders of the Competent Authority issued under the earlier regime. The Bombay High Court has confirmed that deemed conveyance orders issued before the 2025 amendment remain valid and cannot be reopened.

Who Is the Competent Authority?

The Competent Authority for deemed conveyance applications in Maharashtra is the District Deputy Registrar of Cooperative Societies (DDR). The DDR has jurisdiction over housing societies registered within the district. Applications must be filed with the DDR of the district where the housing society is situated. The proceedings before the Competent Authority must be completed within a period of six months. The DDR examines the application, verifies the authenticity of documents, gives the promoter a reasonable opportunity to be heard, and upon being satisfied that it is a fit case, issues a certificate to the Sub-Registrar certifying that the society is entitled to a unilateral deemed conveyance.

Step-by-Step Process for Deemed Conveyance

The process for applying for deemed conveyance involves the following steps. First, the housing society must pass a resolution in a general body meeting authorizing the managing committee to apply for deemed conveyance. Second, the society must issue a written notice to the developer demanding voluntary execution of the conveyance deed, granting a reasonable period (typically 30 to 60 days) for compliance. Third, if the developer fails to comply, the society files a written application with the District Deputy Registrar, accompanied by all required documents and the prescribed fee. Fourth, the DDR issues notice to the developer and conducts hearings. Fifth, if satisfied, the DDR issues a certificate in favour of the society within six months. Sixth, the society prepares the unilateral deemed conveyance deed and presents it to the Sub-Registrar along with the DDR's certificate. Seventh, the Sub-Registrar issues a summons to the developer and, after a hearing, registers the deemed conveyance deed. Understanding stamp duty refund procedures is relevant if excess stamp duty is paid during the deemed conveyance process.

Documents Required for the Application

The deemed conveyance application must be accompanied by the following documents: the society's registration certificate and bye-laws, a certified copy of the general body resolution authorizing the application, copies of registered agreements for sale of all flats, allotment letters issued by the developer, receipts of full payment of consideration by the flat purchasers, the occupation certificate (OC) or completion certificate (CC) issued by the municipal authority, the approved building plans, a copy of the written notice sent to the developer demanding voluntary conveyance, proof of formation of the cooperative society or association, the latest property card (7/12 extract or city survey extract), and an indemnity bond from the society. All documents must be true copies, and the application should be supported by an affidavit. Recent judicial developments, including the Punjab and Haryana HC order restraining Oberoi Realty, underscore the importance of securing conveyance rights early.

Stamp Duty and Registration Charges

The deemed conveyance deed is subject to stamp duty and registration charges under the Maharashtra Stamp Act, 1958 and the Registration Act, 1908. Stamp duty on conveyance deeds in Maharashtra varies by location: 6% of market value within municipal corporation limits (5% for women buyers, including the Metro Cess in Mumbai), 4% in municipal council areas, and 3% in gram panchayat areas. However, where individual flat purchasers have already paid stamp duty at the time of their individual sale agreements, the deemed conveyance of the society's interest attracts a nominal registration fee of Rs 100. The registration fee for the conveyance deed itself is Rs 30,000 for properties valued above Rs 30 lakh, and 1% of the value for properties below Rs 30 lakh. The market value for stamp duty calculation is based on the Ready Reckoner rates published annually by the Department of Registration and Stamps. For a broader discussion of property transfer charges, see this guide on claiming a stamp duty refund.

Common Challenges and How to Address Them

Several practical challenges arise in deemed conveyance proceedings. The developer may contest the application by arguing that the society has not made full payment, that the OC has not been obtained, or that there are disputes regarding common areas or additional construction. In layout projects with multiple buildings, the question arises of whether conveyance should be for the individual building or the entire layout. The MOFA Amendment 2025 addresses this by aligning deemed conveyance in RERA-registered projects with completion of the last building in a layout. Incomplete records, particularly the absence of registered agreements for sale or the OC, can delay the process. It is advisable for the society to engage a lawyer experienced in deemed conveyance proceedings and to begin gathering documents well in advance. Societies should also coordinate with the consumer protection framework where developer deficiency of service is also an issue, and explore whether a complaint under RERA before MahaRERA may be filed concurrently.

Deemed conveyance is a critical legal right for housing societies in Maharashtra. The combination of MOFA Section 11, RERA Section 17, and the 2025 amendment has created a robust framework that empowers societies to obtain title to their property even when the developer is uncooperative. The process, conducted through the District Deputy Registrar as the Competent Authority, is designed to be completed within six months. With nominal registration charges of Rs 100 where individual stamp duty has already been paid, the financial barrier is low. Societies that have not yet applied for deemed conveyance should act promptly, as securing legal title protects members from developer-related risks and enables the society to undertake redevelopment, repairs, and other major decisions without developer interference.