Deemed Conveyance G.R.
Deemed Conveyance G.R. dated 25th February, 2011
Regarding the enforcement of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
Government of Maharashtra
Government Resolution No. Maha. Sa. 2008/Pra.Kra.24/Part-2/Du.Va.Pu-2
Mantralay, Mumbai-400 032
Dated:- 25th February, 2011
Amendment Bill of 2005 introduced in the Legislative Assembly for amending the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 has been converted into Act and the said Act has been published in the Gazette, dated 25.02. 2008. With a view to effectively enforcing the amendments made to the Act, Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964 were amended and the Notification in that regard was published on 27.09.2010 vide Government Notification in the Housing Department No. Ma.ha.Sa.2008/Pra.Kra.170/Du.Va.Pu-2.
Moreover, in the light of the amendments made in the aforesaid Act and in the exercise of the powers conferred under section 5A, officers not below the rank of District Deputy Registrar of Co-operative Societies have been appointed as the Competent Authority for the designated areas for the purpose of exercising the powers and performing the duties under sections 5, 10 and 11 of the said Act and the Government Notification in that regard was published on 25th February, 2011 vide Housing Department G.N.No.Ma.ha.sa. 2008/Pra.kra.24/(Part-2)/Du.Va.Pu-2. Accordingly, it will be possible to take action in the case of single building and single Housing Society on a single plot and in the case of Federation of Housing Societies comprising several buildings completed on a single plot-layout. However, where construction of some buildings on a single plot-Layout is incomplete, difficulties might arise in the conveyance of buildings which have reached the stage of completion. The said matter is under the detailed consideration at the Government level and in due course clear directions will be issued afresh at the Government level regarding the action which ought to be taken in such case.
In the context of the provisions regarding Deemed Conveyance as contained in the aforesaid Act and Rules regarding the procedure to be followed and duties to be performed by the Competent Authority and having due regard to the possible difficulties that might arise in handling such cases, the Government has taken the following decision.
(1) In the light of the provisions of the existing Act and Rules, there will not be any difficulty in executing conveyance of the plot in favour of a single Co-operative Housing Society comprising one building on a single plot-layout as also in favour of the Federation of Housing Societies of several buildings developed on a single plot lay-out. Hence, such cases should be handled on priority basis.
(2) It will be necessary for the applicant society while making an application in accordance with Form 6 and Form 7 under Rule 12 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964 to enclose certified copies of the following papers/documents as far as practicable:-
(One) Registered copy of the Agreement of sale between the Promoter/opposite party.
(Two) 7/12 Extract and Village Form No.6 (with mutation entries).
(Three) Property Card.
(Four) Non-Agriculture Order.
(Five) Certificate of commencement of construction.
(Six) Certificate of completion of construction.
(Seven) Occupation Certificate.
(Eight) List of Flat Purchasers.
(Nine) Proof of Payment of Stamp Duty etc.
(Ten) Proof of Registration etc.
(Eleven) Documents concerning any other land or building, in support of the application.
(Twelve) Legal Notice sent to the Promoter and other interested parties under the Maharashtra Apartments Act, 1970 for executing Transfer Deed or Certificate in favour of the applicant/applicants.
This Government Resolution is available on the Government of Maharashtra Official Website www.maharashtra.gov.in and its Computer Code is 20110225204547001.
By the order and in the name of the Governor of Maharashtra.
Principal Secretary (Housing)
- Secretary to the Hon’ble Governor.
- Principal Secretary to the Hon’ble Chief Minister.
- Secretary to the Hon’ble Deputy Chief Minister.
- Private Secretary to the Hon’ble Minster of State (Housing).
- Hon’ble Chief Secretary.
- All Additional Chief Secretaries/Principal Secretaries/Secretaries, Mantralaya, Mumbai.
- All Municipal Commissioners/Administrators.
- Vice-Chairman and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Griha Nirman Bhavan, Bandra (E), Mumbai-51.
- Managing Director, CIDCO, New Mumbai.
- Chief Executive Officer, Slum Rehabilitation Authority, Bandra (E), Mumbai-51.
- Joint Registrar, Co-operative Societies, CIDCO, New Mumbai.
- All District Deputy Registrars, Co-operative Societies.
- All Deputy Secretaries/Under Secretaries/Section Officers, Housing Department, Mantralay, Mumbai.
- Nivad Nasti (Du.Va.Pu-2), Housing Department, Mantralaya, Mumbai. ——–
Deemed Conveyance G.R. dated 14th June, 2016
Determination of the documents with a view to remove the difficulties that are faced in Deemed Conveyance
Government of Maharashtra
Department of Housing
Government Resolution No. Sankirna.2016/Pra.kra.1/Du.Va.Pu-2
Madam Cama Road, Hutatma Rajguru Chowk,
Mantralaya, Mumbai-400 032
Date:- 14th June, 2016
1] Government Resolution No:- Maharashtra Act No.4 published on 25.02.2016.
2] Government Resolution No:- Ma.ha.sa.2008/Pra.kra.24/Part-2/Du.va.pu-2, dt. 25.02.2011
3] Government Resolution No. Circular of the Revenue & Forest Department No. Mudrank.2012/1046/Pra.kra.294/M-1, dt.26.11.2012
Section 11 of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Act, 1963 binds a Developer to execute a Deed of Conveyance pertaining to the right, title and interest in the land and building in favour of the concerned co-operative society. Despite this, most of the co-operative housing societies did not get the Conveyance Deed executed in their favour even after the lapse of several years. Having regard to the tendency on the part of the developers to avoid the conveyance of title and interest in favour of the societies, the Government decided to implement the concept of Deemed Conveyance with a view to enable the co-operative housing societies to achieve their right of transfer. To accelerate Deemed Conveyance, an Amendment Act which modified the provisions of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Act, 1963 was published in the Gazette dated 25/02/2008. For an effective implementation of the amended provisions of the Act a consequential amendment was made in the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Rules, 1964. In the wake of the amendment made to the said Act, a Government Resolution was issued on 25th February, 2011. A committee under the Chairpersonship of the Principal Secretary (Housing), comprising Secretaries of the Urban Development, Revenue, Relief & Rehabilitation and Co-operation Departments was constituted vide a Government Resolution dt. 29.03.2016 for removing the difficulties experienced in the Deemed Conveyance. The said committee adopted with modifications the report submitted by the committee appointed on 23.07.2015 by the Commissioner of Co-operation and Registrar of Co-operative Societies in the matter of Deemed Conveyance. Pursuant to the recommendations of the said committee vis-à-vis the Housing Department, the revised order is hereby issued as follows:-
Previously, the list of documents to be enclosed with the application for Deemed Conveyance was determined under Government Resolution No.Ma.ha.sa-2008/Pra.kra.24/Part-2/Du.va.pu.2, dt. 25.02.2011. As per this Government Resolution the number of documents to be enclosed with the application by the applicant societies was as much as 12. It was stipulated in the said Government Resolution that as many of these documents as possible should be furnished. Instead, now it is so decided that following documents shall necessarily accompany the application for Deemed Conveyance.
- Application for Deemed Conveyance in Form No.7 of the MOFA Rules.
- A copy of the Registration Certificate of the Co-operative Housing Societies/Company Registration Certificate/Deed of Declaration.
- A 7/12 Extract of the Survey/Gatt No. included in the lay-out that developer has got sanctioned or Extract of the Property Cards within the last three months.
- A copy of the Sale agreement or Index 2 for each member’s flat or proof regarding the title of flat e.g. Succession Certificate, Decree of Court or Will etc.
- Legal Notice served by the co-operative housing society under the Maharashtra Apartment Act, 1970, calling upon the Promoter to execute the Deed of Conveyance.
- List of all lawful flat holders in the society.
- Building Completion Certificate certified by the Planning Authority.
- If entries such as Restricted Dominance Type, New Inalienated Term or Occupier Class 2 are recorded on 7/12 Extract or Property Card, a copy of the order passed by the Competent Authority permitting the transfer of land or its conversion to non-agricultural use (if applicable).
- Moreover, at the time of making an application for Deemed Conveyance to the Deputy Registrar, co-operative societies, a copy thereof should be furnished in the Office of Stamps & Registration, so that the process of Deemed Conveyance will be speeded up.
- Pursuant to the recommendations contained in the Report submitted by the Deemed Conveyance Committee appointed on 23.07.2015 by the Commissioner of Co-operation & Registrar, co-operative Societies, the concerned Departments viz. Revenue & Forest Department, Urban Development Department and the Department of Co-operation, Marketing & Textiles should forthwith issue the Government Resolutions concerning their Departments.
This Government Resolution has been made available on the website of Maharashtra Government and its code number is 201606141510258609. This order is issued by affixing digital signature thereto.
By the order and in the name of the Governor of Maharashtra.
Jayant Vasant Wani
Section Officer, Maharashtra Government
1] Secretary to the Hon’ble Governor.
2] Principal Secretary to the Hon’ble Chief Minister
3] Private Secretary to the Hon’ble Minister (Housing)
4] Private Secretary to the Hon’ble Minster of State (Housing)
5] All Additional Chief Secretaries/Principal Secretaries/Secretaries, Mantralaya, Mumbai-32
6] All Municipal Commissioners/Administrators
7] Vice-Chairperson and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Griha Nirman Bhawan, Bandra (East), Mumbai-51.
8] Managing Director, CIDCO, New Mumbai
9] Chief Executive Officer, Slum Rehabilitation Authority, Griha Nirman Bhawan, Bandra (East), Mumbai-51
10] Joint Registrar, Co-operative Societies, CIDCO, New Mumbai
11] All District Deputy Registrars, Co-operative Societies
12] All Joint Secretaries/Deputy Secretaries/Section Officers, Housing Department, Mantralaya, Mumbai-32.
13] Select File (Du.va.pu.2)
[©Translated by Adv. Prakash Manohar Chalke]