If you look at the bye-laws of a cooperative housing society, you may find that the main objective of a CHS is to obtain the conveyance from the landowner/developer in its name. Conveyance is a transfer of the title deed of land and building by the builder and developer/landowner in favour of housing society by execution of conveyance deed. The developer should execute the conveyance deed within 4 months from the date of registration of the co-operative Society as per section11 of Maharashtra Ownership flat Act 1963. After the registration of conveyance deed in favour of co-operative society, the title of the property is, in conclusion, to be recorded in the property card and revenue records, so that the property becomes a free and marketable asset of the society.
If the conveyance is not executed in favour of the Society, the Society does not have legal rights or ownership of the land on which the Society’s building stands. If the legal title of the land and building is not in the name of the society, it is not possible for the society to take up redevelopment projects of the building at some stage. Even for using additional FSI or for carrying major repairs, Municipal authorities will insist on NOC from the Landowner of the building.
The other drawbacks of non-conveyance of property are listed below.
It is the common experience of housing societies that the builders do not transfer the title of the property (ownership of the property) to the co-operative housing society because of benefits to him as explained above. However, many societies do not initiate any action against the builder for conveyance property due to ignorance of members of the society even committee members regarding the subject matter and lack of knowledge/information, which can be disastrous to the flat owners in long run.
In a situation when a promoter or owner of residential premises/ buildings does not transfer/convey the ownership of the flats to the housing society, in spite of communications/reminders to them to do so, the society can make an application to the Registrar of Co-operative Housing Societies u/s 11(3) of Maharashtra Ownership Flats Act, 1963, to transfer the ownership of the said land and building to them. Later, the Application is heard by the Registrar and he may grant an order for deemed conveyance. The order for deemed conveyance received from the Registrar, same shall then be produced before a court for execution. Subsequent to the registration of conveyance deed in favour of co-operative society through the court, the title of the property is to be recorded in the property card and revenue records. This process is known as deemed conveyance.
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