Comprehensive Guidelines for Deemed Conveyance in Maharashtra
G.R. Dated 22nd June, 2018
Procedure to be adopted for issuing Order and
Certificate of Deemed Conveyance
Government of Maharashtra
Department of Co-operation, Marketing & Textiles
Government Resolution No:- Sa.Gru.Yo-2017/Pra.Kra.192/14-S
Madam Cama Road, Hutatma Rajguru Chowk, New Administrative Building,
14th Floor, Mantralaya, Mumbai- 400 032
Date:- 22nd June, 2018
1] Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963.
2] Government Notification in the Department of Housing bearing No:- Mahas-2008/Pra.Kra.170/Du.Va.Pu-2, Dt.27.09.2010.
3] Government Notification in the Department of Housing bearing No. Mahas- 2008/Pra.Kra.24/Part-2/Du.Va.Pu-2, Dt.25.2.2011.
4] Government Resolution in the Department of Housing, bearing No. Mahas-2008/Pra.Kra.24/Part-2/Du.Va.Pu-2, Dt.25.2.2011.
5] Government Circular in the Department of Revenue & Forest, bearing No. Sankirna-2012/Pra.Kra.442/L-1, Dt.23.11.2012.
6] Government Circular in the Department of Co-operation, Marketing and Textile, bearing No.Sa.Gru.Yo-2013/Anau-02/Pra.Kra.235/14-S. Dt.29.04.2014.
7] Government Circular in the Department of Co-operation, Marketing and Textile, bearing No.Sa.Gru.Yo-2013/Anau-02/Pra.Kra.235/14-S, Dt.7th June, 2014.
8] Order passed by the Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune, bearing No.O.N.Gruha/D-3/Maniv. Abhi/2015, Dt.23rd July, 2015.
9] Government Resolution in the Department of Housing, bearing No.Sankirna-2016/Pra.Kra.1/Du.Va.Pu-2, DT.29th March, 2016.
10] Government Resolution in the Department of Housing, bearing No.Sankirna-2016/Pra.Kra.1/Du.Va.Pu-2, Dt.14.06.2016.
11] Government Circular in the Department of Revenue & Forest, bearing No:Mudrank-2012/1016/Pra.Kra.294/M-1, Dt.12th July, 2016.
12] Government Resolution in the Department of Housing, bearing No.Sankirna-2016/Pra.Kra-1/Du.Va.Pu-2, Dt.18.09.2017.
The Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963 and the Rules of 1964 contain provisions mandating the Developer/Promoter to execute conveyance of the lands and buildings occupied by co-operative housing societies or apartment bodies within the prescribed period. However, as these provisions were not implemented by the Developer/promoter, the Department of Housing carried out amendments to Sections 10 and 11 of the said Act incorporating provisions for the ex-parte deemed conveyance in favour of the co-operative housing societies. In this regard, by the above referred Notification in the Department of Housing at Sr.No.3, Dt. 25.2.2011 all District Deputy Registrars of Co-operative Societies were appointed as Competent Authorities in the State, while the Joint Registrar, Co-operative Societies (CIDCO), New Mumbai was appointed to perform this duty in the CIDCO areas. Moreover, the Department of Housing with a view to implementing this process fixed the list of documents required for deemed conveyance, vide Government Resolution dated 25.2.2011. However, as the co-operative housing societies faced several difficulties in obtaining these documents the process of deemed conveyance did not pick up speed. Furthermore, it was noticed that the societies too were not ready to come forward in this regard.
- Upon consideration of the aforestated factors it became imperative to facilitate the process of Deemed Conveyance of Co-operative Housing Societies and to reduce the number of documents required therefor. Hence, a committee was constituted at the level of the Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune to carry out a study and make recommendations thereupon. Pursuant to the Report submitted by this Committee a Coordination Committee under the Chairpersonship of the Principal Secretary (Housing) was constituted at the level of the Government to take policy decision in this regard. A meeting of this committee was held and in this meeting all the recommendations contained in the Report submitted by the Committee of the Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune were accepted. Moreover, by the above referred Government Resolution at Serial No.10, dt.14.06.2016 issued by the Department of Housing the number of documents required for Deemed Conveyance were reduced from 12 to 8. Furthermore, on 12.07.2016 the Department of Revenue & Forest too issued a circular at Reference No.11 above stipulating that minimum 5 documents would be required for the valuation and registration of Deemed Conveyance instrument.
- Since the recommendations contained in the Report regarding Deemed Conveyance submitted by the Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune to the Government pertained to the Department of Revenue & Forest, Department of urban Development, Department of Co-operation, Marketing & Textile etc., Hon’ble Chief Secretary called upon the concerned departments to take necessary action upon the said recommendations and to submit reports in that regard. Thereafter a meeting was held on 26.09.2016 under his Chairpersonship with a view to implementing the recommendations made in this regard. In this meeting, pursuant to the recommendations made by the Committee Secretary (Housing), a review was taken of the action taken by the concerned departments in this regard and the yearly review of the cases pending in the office of the Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune was also conducted. After deliberations it was so realised that the applicants would find it very difficult to submit the documents prescribed in all these Government Resolutions incorporating all the documents prescribed by these departments and comprehensive Guidelines expected by them were to be issued it would provide all information at one level and afford relief to the applicants by facilitating the process of application. Hence, it was so decided in the meeting that the Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune should prepare the draft of a single Government Resolution by taking into account the provisions of Deemed Conveyance, as well as the procedure to be adopted by the Competent Authorities and the duties to be performed in this regard, besides the difficulties encountered by the citizens in that regard and that the said Government Resolution should be issued in consultation with all the concerned departments.
- Having regard to the factual scenario described above, the Government contemplated the matter of issuing this Government Resolution for introducing cohesion in the presently prevailing procedure of Deemed Conveyance by superseding Government Resolutions issued hitherto:-
Having regard to the factual scenario set out in the above preface, the above referred Government Resolutions at Sr.Nos. 6 and 7, dt.29.04.2014 and 07.06.2014 respectively regarding presentation of online application for Deemed Conveyance are hereby superseded and the Revised Order regarding procedure to be adopted for passing Deemed Conveyance Order and the issue of Certificate thereof, is hereby issued.
- The comprehensive procedure to be adopted for the Deemed Conveyance of Co-operative Housing Societies is fixed in the following stages given below:-
Stage 1:- To make application for Deemed Conveyance to the office of the concerned District Deputy Registrar of Co-operative Societies in prescribed Form 7 accompanied by the requisite documents and draft instrument of Conveyance and to obtain the order and certificate of Deemed Conveyance, along with the instrument thereof.
Stage 2:- To get the draft instrument of Deemed Conveyance, complete with the stamp duty details of all flat holders duly adjudicated by the Joint District Registrar and Stamp Collector of the concerned district.
Stage 3:- To get the said instrument registered in the office of the Sub-Registrar (Purchase-sale) of the concerned jurisdictional area, following the order of Adjudication.
Stage 4:- To make an application to the concerned City Survey Officer or the Circle Officer/Talathi for registration of name in their record (7/12) in accordance with the registered instrument. Once the concerned officer records the name of the society in the property card or 7/12 Extract as the occupier of the property, the process of Deemed Conveyance shall be complete.
[A] Documents to be enclosed with online and offline (Hard Copy) application for Deemed Conveyance:-
Following documents are required for the presentation of Deemed Conveyance application. Co-operative Housing Societies should present online and offline (Hard copy) application for Deemed Conveyance only if these documents are available with them. Copies of offline application (Hard Copy) accompanied by fees in the sum of Rs.2,000/- (in the form of court-fee stamp or in case of online payment, the Receipt thereof) should be presented to the District Deputy Registrar, Co-operative Societies of the concerned district/the Joint Registrar of Co-operative Societies (CIDCO) and the Collector of Stamps simultaneously.
1] Documents to be uploaded with online application:-
(i) Application in Form 7 for Deemed Conveyance [As per Appendix-1];
(ii) A copy of Registration Certificate of Co-operative Housing Societies/Company Registration Certificate/Deed of Declaration;
(iii) Details of Applicant Society and a copy of Resolution for Deemed Conveyance passed in the Annual General Meeting/Special General Meeting of the Society;
(iv) Extracts of Property Card within the last three months (Property Card, 7/12 Extract etc.);
(v) List in the prescribed form of all lawful flat holders in the society;
(vi) Legal Notice for Conveyance served by Co-operative Housing Society on the Promoter under the Maharashtra Apartments Act, 1970;
(vii) Building Commencement Certificate as well as Occupation Certificate issued by the Planning/Competent Authority;
(viii) Where the concerned society does not have Occupation Certificate a Self-Certificate should be obtained from it, stating that it has taken actual possession of the building and that it is ready to accept all responsibilities/liabilities arising from the said building and upon completion of Deemed Conveyance it would apply to the concerned Urban Local Self Government Body for Occupation Certificate thereof. (As per Appendix-5);
(ix) Court Fee Stamp or Online Fee of Rs.2,000/-;
(x) Self-Affidavit of the Applicant verifying authenticity of society’s documents (As per Appendix-4).
2] Documents to be enclosed with Offline Application (Hard Copy):-
(i) Application in Form 7 for Deemed Conveyance (with Stamp Fee as stated above);
(ii) A copy of Form No.7 showing receipt of Deemed Conveyance Number (D.C. No);
(iii) A copy of Sale Agreement pertaining to the flat of any one member of the society and Index-2 or proof as to ownership of flat such as succession certificate, decree of court or will etc.;
(iv) A copy of Final Sanctioned Plan pertaining to the Layout which the Developer has got sanctioned from the Competent Authority.
[B] Procedure for making Online Application for Deemed Conveyance:-
For making Online Application for Deemed Conveyance to the concerned Competent Authority in Form 7 under sub-section 3 of section 11 of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963, the society should follow procedure set out in Appendix-3.
[C] Procedure to be followed by the District Deputy Registrar, Co-operative Societies/the Joint Registrar, Co-operative Societies (CIDCO)-cum-Competent Authority while issuing Deemed Conveyance Certificate:-
At the outset the Competent Authority should ascertain that the documents stipulated in the aforesaid clause (a) are enclosed with the application and thereafter take the following action.
(i) while accepting an application for deemed conveyance it should be ensured that the concerned holders of 7/12 extract and Property Card executing an instrument transferring interest are impleaded as parties with their address and that all other housing societies as well as company of apartment holders existing on a single layout are also impleaded as parties;
(ii) once he is satisfied that the documents as described above are enclosed, notice of hearing should be issued to all concerned parties in accordance with Rule 13(2) of the Rules of 1964 made under the MOFA Act, 1960;
(iii) if during the course of hearing following the issue of Notice of hearing, the District Deputy Registrar of Co-operative Societies-cum-Competent Authority is satisfied that some other parties are left out to be impleaded as parties he should direct the applicant to implead all such concerned persons as parties;
(iv) thereafter the District Deputy Registrar of Co-operative Societies-cum-Competent Authority shall proceed to complete the hearing and shall inter-alia dispose off the application within six months from the date of issue of Notice in Form No.10 to the applicant following actual submission of proposal by the latter;
(v) if it takes more than six months period to dispose off such application the District Deputy Registrar of Co-operative Societies-cum-Competent Authority shall dispose off the application accompanied by the reasons of delay;
(vi) while passing order and certificate of Deemed Conveyance the District Deputy Registrar of co-operative societies/the Joint Registrar of Co-operative Societies (CIDC)-cum-Competent Authority should pass such order after taking into account the following aspects:-
(1) where there are several buildings on a plot and each building has a separate co-operative society and construction of some of these buildings is incomplete then while ordering Deemed Conveyance for the completed building an undivided share in the easementary right should be given in proportion to the area of construction occupied by the building of such society or in proportion to ground coverage or plinth area, as well as in the open spaces, common amenities and services, roads etc. in proportion to constructed area;
(2) while dealing with Deemed Conveyance of buildings which are situated in a Layout where Transferable Development Rights (TDR) has been used, Conveyance should be ordered as per plinth and appurtenant area;
(3) where there are more than one society in a single Layout but only one of such societies has made such application and the other societies are not extending co-operation for carrying out measurement of land of the applicant society, then the District Deputy Registrar of Co-operative Societies-cum-Competent Authority should call upon the Applicant Society to get its land measured in term of the sanctioned plan to be given by an Architect on the panel of Competent Authority which sanctioned the building plans of the concerned society and to submit the report of the same;
(4) where the Developer has not completed a project in the expectation of getting enhanced FSI or TDR in the urban areas, Deemed Conveyance should be ordered for as many flats as are proposed and constructed under the sanctioned building plan;
(5) the Competent Authority should pass order and issue Certificate of Deemed Conveyance in favour of the concerned society only if all the aspects are complied with upon due verification of the application in prescribed form and the accompanying documents submitted by the society;
(6) while mentioning common amenities in the Order, Certificate and Instrument pertaining to the Deemed Conveyance, it should be so stated that the Applicant Society shall be entitled to an undivided share in the common amenities in proportion to area of construction of the building belonging to the applicant society.
[D] Procedure to be followed at the level of the District Collector of Stamp in the matter of Adjudication:-
Following action should be taken at the level of the Joint District Registrar-cum-Collector of Stamp of the concerned District in the matter of Adjudication of the Draft Instrument of Deemed Conveyance, together with the Stamp Duty details pertaining to all flat holders:-
1] Those Co-operative Housing Societies in whose Deemed Conveyance cases:-
(i) the instrument of Deemed Conveyance clearly states that no FSI is in balance and is not subject matter of transfer and an Architect’s Certificate of the current date stating that no FSI is in balance, is enclosed with such instrument; and
(ii) if all beneficiary agreements of the present tenement holders whose flats/tenements which form the subject matter of Deemed Conveyance have been duly registered with proper stamp duty at the relevant rate under Article 25 prevailing on the date of execution of the agreements in question, then the society may straight away present the said instrument of Deemed Conveyance for the registration thereof to the concerned Sub-Registrar by paying stamp duty equal to the number of flats X Rs.100/- or such stamp duty as the Government may determine from time to time and Adjudication of such instrument shall not be required.
If the concerned Sub-Registrar is satisfied about the fulfilment of condition Nos. (i) and (ii) above, then he shall complete the Registration of the said instrument. After taking such action the Sub-Registrar shall forthwith forward the said instrument for its inspection to the District Collector of Stamp and from inspection if deficit stamp Duty appears to have been paid on the said instrument the concerned society shall be liable to forthwith pay the said Stamp Duty and the penalty attracted under the Stamp Act.
2] Those cases which do not fall under clause 1 above:-
[I] where the society has presented a copy of proposal for its pre-verification to the Collector of Stamp as described in [A](2) above, the Collector of Stamp should verify those documents and if any other documents are required should intimate the society to that effect by a letter in writing. The Collector of Stamp, on the basis of the documents submitted by the society, shall, as far as may be, complete all the proceedings vis-à-vis the valuation and fixation of stamp duty and thereafter the Society, after completion of procedure by the Competent Authority, shall duly file an application for Adjudication before the Collector of Stamp. Then the District Collector of Stamp shall incorporate in the Adjudication case the documents which formed part of the pre-verification case and shall pass an order of Adjudication after taking into consideration the facts stated in the “Draft Instrument of Deemed Conveyance” and shall keep the society apprised of to that effect by way of a letter.
[II] Documents to be filed for Adjudication:-
Those cases in which Adjudication is necessary the Society shall be required to submit the following documents to the office of the Collector of Stamp for rendering Adjudication upon the issue of Stamp Duty so payable.
(i) Application in the prescribed form, Court Fee Stamp of Rs.10/- being affixed to the application;
(ii) Code Number obtained from the Data Entry of Application on the website of the Department of Registration and Stamp- www.igrmaharashtra.gov.in- online services > Adjudication > Process;
(iii) Draft of Conveyance Deed (Two Copies);
(iv) A copy of order and certificate of Deemed Conveyance issued under section 11(3) of the Maharashtra Ownership of Flats Act, 1963;
(v) Proof as to the payment of Stamp Duty on the Agreements of Flats (if agreements are registered, Index No.2, otherwise original Agreements).
[III] where the society, after obtaining the certificate of Deemed Conveyance has applied to the Collector of Stamp for Adjudication accompanied by the complete set of documents, the District Collector of Stamp should give a final decision of Adjudication within 30 days of the receipt of the said application. However, the period commencing from the issue of written letter to the society by the Collector of Stamp for the compliance of necessary documents until the compliance of such documents on the part of the society shall not be reckoned within such 30 days.
[IV] If any members cannot furnish proof as to the payment of stamp duty on the Agreements of Flats then the concerned flat holders shall be required to pay the stamp duty fixed to the extent of such flats.
[V] If any members hesitate and neglect to pay the stamp duty payable as per clause 2[IV] above, then the society should either recover the said amount from such flat holders and deposit the same with the Government or the society should deposit the said amount with the Government and then recover the same from such flat holders.
[E] Registration of Instruments by Sub-Registrars:-
Pursuant to final order of Adjudication passed by the District Collector of Stamp the said Stamp duty should be deposited with the Collector of Stamp and the instrument so certified by him after execution by the concerned parties should be lodged in the office of the Sub-Registrar of the concerned jurisdictional area for the registration thereof.
True copies of identity cards of the parties to the instrument as well as the proof as to payment of Registration Fees (E-Challan) by the GRAS System of the Government will have to be enclosed with the original instrument.
The concerned Sub-Registrars should complete the registration of the said instruments within a period of one day as fixed under the Maharashtra Right to Public Services Ordinance, 2015.
[F] Entry in the Record on the basis of the Instrument of Deemed Conveyance:-
Pursuant to the Instrument of Deemed Conveyance registered by the Sub-Registrar, the concerned society should apply to the City Survey Officer or Talathi/Circle Officer concerned within their jurisdictional area for entering the name of the society in the Record of Rights (Property Card/Village Form No. 7/12). In furtherance of this application the City Survey Officer or Talathi/Circle Officer should take the action for entering the name of the concerned society in the Property Card or Village Form No.7/12 extract as the occupier thereof, within the period and in conformity with the procedure prescribed under the Maharashtra Land Revenue Code, 1966 and the Rules made thereunder.
- Any modification to this Government Resolution shall be made by the Department of Co-operation with the concurrence of all the departments mentioned below:-
- This Government Resolution is issued with the concurrence and vide Informal Reference No. Mudrank-2018/Anau-07/M-1, Dt.16.01.2018 and Informal Reference Letter No.11/J-1A, Dt.15.5.2018 of the Department of Revenue & Forest, Informal Reference Letter No.1/DuVaPu-2, Dt.18.1.2018 of the Department of Housing, Informal Reference No.41/Navi-13, Dt.5.5.2018 of the Urban Development Department and Informal Reference Letter No.6/Para-4, Dt.5.5.2018 of the Department of Rural Development.
- This Government Resolution is made available on the website of the Government of Maharashtra viz.www.maharashtra.gov.in and its Code Number is 201806221727455602. This Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra.
Kamlakar Sitaram Badgujar- Digital Signature
Section Officer, Government of Maharashtra.
1] The Accountant General-1 (Audit), Maharashtra, Mumbai,
2] The Accountant General-1 (Accounts & Permit), Maharashtra, Mumbai,
3] The Accountant General-2 (Audit), Maharashtra, Nagpur,
4] The Accountant General-2 (Accounts & Permit), Maharashtra, Nagpur.
5] The Pay & Accountants Officer, Mumbai,
6] The Resident Audit Officer, Mumbai,
7] The District Treasury Officer, Mumbai, Nashik, Pune, Aurangabad, Nagpur, Amravati, Kolhapur, Konkan,
8] The Commissioner of Co-operation-cum-the Registrar of Co-operative Societies, Maharashtra State, Pune,
9] The Additional Registrar, Co-operative Societies (Audit), the office of the Commissioner of Co-operation-cum-Registrar, Maharashtra State, Pune,
10] The Joint Registrar, Co-operative Societies (Audit), 5 B.J. Road, Co-operative Federation Building No.1, 3rd Floor, Pune-1,
11] The Divisional Joint Registrar, Co-operative Societies, Mumbai, Nashik, Pune, Aurangabad, Nagpur, Amravati,
12] All Divisional Joint Registrars, Co-operative Societies (Audit), Mumbai, Nashik, Pune, Aurangabad, Nagpur,
13] All District Deputy Registrars, Co-operative Societies,
14] All District Special Auditors, Co-operative Societies,
15] The Special Auditor (Class-1), Co-operative Societies (Mobile Squad), Mumbai, Nashik, Pune, Aurangabad, Nagpur,
16] The District Special Auditor, Co-operative Societies, Class-I, Mumbai Contractor Building, 2nd Floor, Ramjibhai Kamani Marg, Ballard Pier, Mumbai-38,
17] The Managing Director, Maharashtra State Co-operative Housing Finance Corporation Ltd., Housing Bhawan, Plot No.C-21, E-Block, Bandra-Kurla Complex, behind Reserve Bank, Bandra (East), Mumbai-51.
Copy despatched for the information and necessary action:-
1] The Principal Secretary, Department of Revenue & Forest, Mantralaya, Mumbai,
2] The Additional Chief Secretary, Department of Housing, Mantralaya, Mumbai,
3] The Principal Secretary, Department of Urban Development, Mantralaya, Mumbai,
4] The Principal Secretary, Department of Rural Development & Water Harvesting, Mantralaya, Mumbai,-
They are hereby requested to bring this Government Resolution to the notice of all the concerned area officers subordinate to them.
Copy Forwarded for Information:-
1] The Additional Chief Secretary (Co-operation), Department of Co-operation, Marketing and Textile, Mantralaya, Mumbai,
2] The Principal Secretary (Marketing), Department of Co-operation, Marketing and Textile, Mantralaya, Mumbai,
3] The Principal Secretary (Textile), Department of Co-operation, Marketing & Textile, Mantralaya, Mumbai,
4] Select File [14-S], Department of Co-operation, Marketing & Textile, Mantralaya, Mumbai.
Government of Maharashtra Gazette, Extraordinary Part-Four-B, September 27, 2010/Ashwin 5 Shaka 1932.
[See Rule 12]
Specimen Application for the issue of Registration Certificate regarding Ex-parte Deemed conveyance or Declaration under sub-section (3) of Section 11 of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963, in favour of the Applicant.
Before the Competent Authority at___________________
Application under sub-section (3) of Section 11 of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963.
[Court Fee Stamp of Rs.2,000/-
(Rs Two Thousand only)]
Application No_______ of 20_____
The Applicant/s above named hereby state(s) as follows:-
- The Applicants herein are duly registered under the Maharashtra Co-operative Societies Act, Company/Apartment Owners’ Act, having their registered office situate at____________________________________ (herein after referred to as the said Society/Said Company/Said Association of Apartment Owners). They are the members of the Co-operative Housing Society established under section 10 of the Maharashtra Ownership of Flats (Regulation of promotion of Construction, Sale, Management and Transfer) Act, 1963.
- The Said Society/Said Company/Said Association of Apartment Owners is in possession of a plot of land admeasuring____________, situate at________ (hereinafter referred to as the Flat Premises). Hereto annexed and marked as Exhibit No.1 is the copy of Registration Certificate of the said Society/said Company/Said Association of Apartment Owners.
- The Applicants state that the building of the Said Society/Said Company/Said Association of Apartment Owners shall comprise_____________ and shall be known as____________________.
- The Applicants state that the Respondents have executed agreements for the sale of Flats/Shops with the individual purchasers of Flats/Shops as required by Section 4 of the Maharashtra Ownership of Flats (Regulation of promotion of Construction, Sale, Management & Transfer) Act, 1963 and all such agreements have been duly stamped as required by the Bombay Stamp Act, 1958 and duly registered as required by the Registration Act, 1908. The Respondents have agreed to convey the Flat Premises along with the entire building constructed thereon (hereinafter referred to as the Said Property) in favour of the Said Society/Said Company/Said Association of Apartment Owners within the period agreed under the agreements or as provided by Rule 9 of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Rules, 1964. A copy of the said Sale Agreement executed by Shri./Smt.________________________________________, the purchaser of Flat/Shop, with Respondent No.1 herein is enclosed herewith and marked as Exhibit No._________. In Exhibit No._____, the List of present members along with such details as the number of Flat, area, stamp duty paid, Registration Number, Registration Fees paid, etc is enclosed.
- That the Respondents have failed and neglected in executing the Conveyance for the transfer of rights, title and interest held by the Promoters in the land and building unto and in favour of such of the applicants as are legally entitled to receive the same under the said Act and the Rules made thereunder. (In case of an Association/Condominium formed under the Apartment Ownership Act the factual position shall be stated as per the desire of the Apartment Purchasers and the default in compliance of statutory provisions committed by the promoter shall be highlighted here).
- Hence, the Applicants shall be entitled to obtain the Certificate to be given by this Competent Authority. Moreover, the Applicants shall be entitled to obtain Ex-parte Deemed Conveyance in respect of the Flat Premises under section 11 of the Said Act.
- Accordingly, the Competent Authority is hereby called upon to issue the ex-parte Conveyance Certificate in respect of the land along with the building standing thereon situate at________________________, within the jurisdiction of the Hon’ble Competent Authority as more particularly earmarked in the copy of the Agreement dated__________ (Property Registration Card) in favour of the Applicants herein.
- The Applicants shall rely upon the List of Documents enclosed herewith.
- Hence, the Applicants pray that—
(a) the Hon’ble Competent Authority be pleased to issue a Certificate declaring the Applicants to be entitled to ex-parte Deemed Conveyance in respect of the Flat Premises under Section 11 of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Act, 1963 and order registration thereof.
(b) To provide for costs of the Application.
(c) To grant such other and further other relief as the Hon’ble Competent Authority may deem fit & proper.
of the Applicant
Deemed Conveyance Certificate under Section 11(4) of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Act, 1963.
Deemed Conveyance Application No_______
I,___________________________________, the Competent Authority-cum-District Deputy Registrar of Co-operative Societies,____________________________, in exercise of the powers conferred upon me by Section 11(4) of the Maharashtra Ownership of Flats (Regulation of Promotion of Construction, Sale, Management & Transfer) Act, 1963 and from the verification of documents submitted by the Applicants I do hereby certify that this is a fit case for the Ex-parte execution of the Instrument of Conveyance as “Deemed Conveyance” in favour of the Applicant Society viz.__________________________ Co-operative Housing Society Ltd, a Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act, 1960 and the Rules, 1961 made thereunder, vide Registration No._________ by way of transfer of the rights, title and interest held by the Promoters in respect of_________________ square metre area out of total area of__________ square metre from Survey No._________ and the built-up area of _________ Square metre in respect of the construction made upon the said land and to that effect, I issue this Certificate on the following terms & conditions:-
- This Certificate is issued on the basis of the documents furnished by the society. If there is any irregularity in the land and construction so conveyed, it should not be construed as having been regularised by this certificate.
- The concerned parties shall be duty bound to pay the stamp duty levied on account of the land and construction conveyed by this Certificate.
- Undivided share in the open spaces, common roads and amenities comprised in the sanctioned Layout is transferred in proportion to the built up area of the building (If applicable).
Competent Authority-cum-District Deputy Registrar,
[Procedure for submitting online Application for Deemed Conveyance]
1] Co-operative Housing Societies should submit online Applications for Deemed Conveyance on the website-http://mahasahakar.maharashtra.gov.in
2] On the Home Page, the button “Register Login” under the caption of “other links” should be clicked. Thereafter those societies (New User), which as yet have not received User Name and Password as well as the Societies (Existing User) which have received User Name and Password should adopt the following Procedure.
[I] New User:-
(i) On clicking “Register Login” as aforesaid “Auditor/Society Login” Box will open. For creating new User Name “New User” button should be clicked. All the information should be entered in the “Account Information” in phase-wise manner. After entering User Name of your choice, a message “User Name Available” will be received subject to its availability. Thereafter the Password of your choice should be entered. After entering all the information as per the instructions therein, the button “Create User” should be clicked.
(ii) Thereafter the “Society Registration” Page will open in which all the information of the concerned society should be entered. Thereafter at the end of this Page the button “Choose File” in the “Upload Society Registration” Box should be clicked and a scanned File of the Society Registration Certificate should be uploaded. You will see the information pertaining to “Society Code” and “Class” automatically filled up.
(iii) The size of the File so scanned should be less than 1 MB. Thereafter “Save” button should be clicked to save all the information.
[II] Existing User:-
(i) On clicking the button “Register Login” as aforesaid the “Auditor/Society Login” Box will open. Enter User Name and Password of the society and Login.
(ii) Thereafter “General Options” Page will open in which you will see 4 options. Of these, the option of “Update Profile” should be clicked.
(iii) Thereafter “Society Registration” Page will open. All the information as stipulated in (I)(ii) above should be entered, scanned documents should be uploaded and the information should be saved. Information pertaining to “Society Code” and “Class” will appear to have been automatically filled in.
On taking above steps the action of entering the information pertaining to the society is completed.
3] After societies create their “Profile” on the website as stated above the information entered in the said applications will be viewed by the office of the concerned District Deputy Registrar. Upon verification of this information the “Validation” of the Society will be carried out by the said office and a message to that effect will be automatically sent to the concerned societies at their e-mail address mentioned in the applications.
4] If validation is not carried out or if the proposal is found to contain any deficiencies then also a message to that effect will be sent to the Society by e-mail. After the receipt of such message the society should contact the office of the concerned Registrar.
5] After receiving message regarding completion of validation the concerned societies should follow the following procedure for presenting online Application for Deemed Conveyance.
(i) At the outset the website-www.mahasahakar.maharashtra.gov.in should be visited.
(ii) On the Home Page, the button “Register Login” under the caption of “Other links” should be clicked.
(iii) Thereafter “Auditor/Society Login” Box will open. The Society should log in by entering its User Name and Password.
(iv) Then “General Options” Page will open in which 4 options will be seen. Of these, the option of “Deemed Conveyance” should be clicked.
(v) On that Page the below mentioned 8 options will be seen.
(1) Applicant Details;
(2) Unit and Society Bank Details;
(3) Property Details;
(4) Land Owner Details;
(5) Developer Details;
(6) Make Payment;
(7) Case Summary;
(8) Application History.
Of the above options, first 5 options should be clicked in sequence, the information should be entered therein and the scanned copies of the documents mentioned under the respective options should be uploaded. The size limit for the scanned File under each option shall be 1 MB.
6] Under “Make Payment” Option payment can be made by the below mentioned 4 types:-
(i) Online:- Under this option “Net banking” or “Debit Card/Credit Card” facility is made available. If payment is made by this Method GST shall be charged separately. Once the process of payment of money is complete, a receipt is generated for payment made to Mahaonline.
(ii) Treasury Challan:- If payment is made into Treasury by this method, the receipt obtained from the Treasury will have to be scanned and uploaded.
(iii) Court Fee Stamps:- Court Fee Stamps of the requisite amount should be affixed on the application and such papers should be scanned and uploaded.
(iv) Payment by GRASS System:- Fees of the requisite amount should be paid on the Government System and a copy thereof should be attached.
Appropriate option from the above options should be selected and “Submit” button should be clicked.
7] After presentation of Online application as above the information pertaining to “Case Summary” and “Application History” shall automatically be filled up. The concerned society is supposed to verify this information. Thereafter “Submit Application” button should be clicked.
8] A printout of Form (7) can be obtained by clicking on “Print Form 7” under the caption of “Case Summary”. D.C. Number will be entered therein.
9] The entire procedure for making an online Application for Deemed Conveyance as aforesaid is made available in PDF Form (User Manual English Online Deemed Conveyance Application under the option of “Downloads” on the website—
I, ______________________________, age_____ years, resident of________________________________________________, Occupation:-_________, do hereby state as hereunder:-
- I have presented a proposal before the Competent Authority under Section 11 of the MOFA Act for obtaining Deemed Conveyance in favour of____________________________________ Society. All the documents and information furnished thereunder are true & correct and indicate the factual position.
- I further state that no application, suit or proposal has been filed before any Civil Court or Authority for obtaining Deemed Conveyance on behalf of the Said Society.
- The information set out hereinabove and all the documents enclosed with this proposal are true & correct and indicative of factual position to my own belief. I am aware that if the same is found to be false or if any dispute of whatsoever sort arises in future with regard thereto I alone shall be responsible therefor and liable for punishment under the Indian Penal Code.
[Seal of the Society]
I, the undersigned Shri/Smt.______________________________________, Secretary of_____________________________________ Co-operative Housing Society, Address:-_____________________________________, Registration No.___________, do hereby certify that I am ready to accept all the responsibilities/liabilities in connection with the said building on behalf of the aforementioned Co-operative Housing Society and if any dispute of any sort arises in future with regard thereto I shall alone be responsible therefor and shall be liable for legal action. Moreover, after obtaining Deemed Conveyance I shall apply to________________________________________ (the name of the concerned Local Self Government Body to be inserted) for the issue of Occupation Certificate on behalf of the aforementioned Co-operative Housing Society and I shall bear the entire responsibility in that regard.
[Signature accompanied by Seal of the Society]
We hereby express concurrence in
the aforestated Self-Certificate
[Signature accompanied by Seal of the Society]
[Signature accompanied by Seal of the Society]
[Translated by Adv. Prakash Manohar Chalke- Copyright Reserved](c)