Deemed conveyance is an important legal process of real estate that allows the rightful transfer of ownership rights from a developer or landlord to the cooperative housing society or condominium association. Where the developer or landlord has accepted full payment and completed all legal obligations from the society and yet fails to convey the title of the property, this becomes a critical step for such properties.
This legal provision allows housing societies or associations to obtain the title of the land and building wherein they dwell without an explicit contribution from the developer. This process is accompanied by elaborate documentation and adherence to law in such a manner that statutory provisions are satisfied. These are fulfilled by preparing necessary documents including property documents, development agreements, completion certificates, and other important records required to prove society ownership.
The process of deemed conveyance, therefore, is important to ensure security in property rights for residents and stakeholders within a housing society or condominium. It gives them legal clarity and ownership stability so that societies can look after their affairs independently, and they can carry out necessary maintenance and redevelopment activities without help from any other agency.
As such, our role with respect to guiding clients in the deemed conveyance process relates to full legal support and procedural expertise. We make all the documents proper, complete, and legally sound, thereby facilitating easy transfer of ownership rights of the developer to the society. Our objective is to be able to provide the same knowledge and support that allow clients to be more easily maneuvering this legal labyrinth to fully protect their property investments as well as better governance and management of their homes or properties.
Deemed Conveyance
Deemed conveyance is the process by which the housing society acquires its title over the land from the builder without any concurrence of the builder, thus insuring that the rights lie with the society.
Deemed conveyance is held to give legal ownership of the land to the housing society so that it can start its redevelopment work, apply for loans, and prevent third-party claims. This also simplifies future transactions and provides control over the property.
The process typically takes 6 to 12 months, depending on documentation and government processing times.
1. Land Revenue RecordsÂ
Property Card
City Survey Plan
7/12 Extract
Village Form No. 6
K. J. P.
N. A. Order
U. L. C Order
Latest Property Tax Paid Receipt
2. Municipal Corporation Records
Intimation of Disapproval (IOD)
Commencement Certificate
Approved Layout Plan
Approved Building Plan
Building Completion Certificate
Occupation Certificate (Optional
Latest N. A. Tax Paid Receipt)
3.Society Records
Copy of Society Registration Certificate
List of Members & their Share Certificate Details
Copies of Registered Agreements for all Flats / Shops with Stamp Duty & Registration Receipts along with Index II of all the Registered Agreements
4.Property Developer / Promoter Records
Registered Partnership Deed of the Partners of the Property Developer Firm
Registered Development Agreement / Property Developer
Power of Attorney given by Land – Owners to the Property Developer
Will & Probate Copy, in case the Development Agreement is signed by Legal Heirs of Land – Owners
Death Certificate of Land- Owners, wherever necessary