The proof of ownership has to be proved through a chain of documents like the agreement with the builder or society records,” he said. Municipal bodies have records for taxation purposes, and these are not ownership records…there is no such record for flats. “No government department maintains ownership records of vertical properties. Chockalingam, Settlement Commissioner and Director of Land Records as below: According to a DNA report, owners of flats and commercial units in Maharashtra will get Property Cards to firmly record their ownership of the property. The issue regarding Property Cards which the message talks about is from a Cabinet decision taken in August 2019.
Presently there has been no announcement to completely nullify the Conveyance Deed.
Section 11 sub-section (3) of the MOFA 1963 The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 (MOFA) talks about Conveyance in section 11.
CONVEYANCE DEED IN MAHARASHTRA REGISTRATION
A regular Conveyance Deed is made by the developer/builder/landowner within a stipulated time (four months from the formation of a CHS) by presenting all the legal documents to the Registrar which in turn hands them over to the society members without any inconvenience caused to either party.Ī Deemed Conveyance, on the other hand, is when a builder refuses to cooperate (usually, to gain an increased Floor Space Index) and the society has to apply to the local authorities and to the Sub-Registrar who then issues a Deemed Conveyance under the Registration Act 1908. The deed is necessary to legally state the land and plot ownership of the society. The viral message claims that “flat Owners will get their name registered in Property Card of Revenue/Municipal Register” and this new amendment will “surprass the procedure of Conveyance Deed.” Further, the message makes more claims on the ownership of the property in a co-operative housing society (CHS) after the death of the primary owner.Ī Conveyance Deed is a legal document which transfers the ownership right from the developer to the society. The message was also received by Digiteye India on its WhatsApp fact-checking number. The viral WhatsApp forward claims that a new law will be passed to surpass the conveyance deed and the flat owners will get a property card instead. Vicechairman of the Maharashtra State Cooperative Housing Federation, Suhas Patwardhan, said they have commenced an awareness drive and in the coming week they plan to conduct a drive in Pimple Saudagar.A message claiming that the Conveyance Deeds have been cancelled by the Maharashtra State Cabinet is going viral. Societies should understand the benefits of deemed conveyance." State housing federation members have also been roped in to reach out to societies to create awareness. Housing society federation members too have been requested to create more awareness.
Adding that about 2500 to 3000 societies are registered on average in a year, Kawade said, "We have directed our deputy registrars to individually call these societies to come and apply. Anil Kawade, the state commissioner for cooperation and registrar of cooperative societies told the Times of India on Monday. If the developer refuses to carry out the deed, then the society can approach the cooperative department for deemed conveyance. Newlyregistered housing societies can approach the cooperative department for deemed conveyance four months after the society’s registration. Deemed conveyance is obtained through the competent authority if the developer does not give it. The state cooperative department received only 101 applications for deemed conveyance from newlyregistered housing societies in 2022 despite its special targetted drive for the viral document conveyance.
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