Buyer guide · Mumbai and Thane
Conveyance deed and deemed conveyance in Maharashtra: does your society own its land?
What a conveyance deed is, when the builder must sign it (3 months from the OC for MahaRERA projects), four free ways to check it’s done, and how a society gets a deemed conveyance when the builder won’t.
By Ashwin · Updated · Not legal advice
Conveyance or deemed conveyance?
| Conveyance deed | Deemed conveyance | |
|---|---|---|
| Signed by | The builder (and landowner), in favour of the society | The society alone, under a certificate from the competent authority |
| When | On time, as the law requires | When the builder hasn’t conveyed |
| Who decides | No one: the builder signs | The District Deputy Registrar, co-operative societies, after a hearing |
| Registered at | The sub-registrar’s office, like any deed | |
Your own flat is a separate matter: your registered agreement for sale gives you the flat. Conveyance is about who owns the land and the building as a whole.
1Check if it’s done
A society that doesn’t hold its land needs the builder for redevelopment and development rights, and banks may ask about it. Four free checks tell you where it stands.
- Time
- 30 min
- Cost
- Free
How to check
- Ask the society secretary for a copy of the registered conveyance deed, or the deemed conveyance certificate and the deed registered after it.
- Open the plot’s property card or 7/12 extract on Mahabhulekh. After conveyance and mutation, the society is shown as the holder; if the builder or the original landowner still is, ask why.
- Search the plot on IGR eSearch for a deed with the society as the buyer. Its type may read conveyance (कन्व्हेयन्स) or transfer (हस्तांतरण). Our Index II guide shows how.
- For a MahaRERA project, open its page on MahaRERA and read the Conveyance Update section: it has fields for the formation of the society and the legal entity. They are often left blank, so treat a blank as unknown.
Watch out for
- A society told conveyance is “in process” years after the occupancy certificate.
- Conveyance of the building only, without the land under it or its share of the layout.
- A deed registered but the property card never updated: the society should apply for mutation.
2When it’s due
The deadline depends on whether the project is registered with MahaRERA. Your agreement may set its own date; these apply when it doesn’t, or as the outer limit.
- Where
- Your agreement for sale
| Step | MahaRERA project | Older building (MOFA) |
|---|---|---|
| Society formed | Within 3 months of 51% of flats in the building or wing being booked | Once the minimum number of buyers have taken flats, as the MOFA rules set |
| Building and land conveyed | Within 3 months of the occupancy certificate | As agreed, or within 4 months of the society’s registration if no date was agreed |
| Layout land, several buildings | To the federation or apex body, within 3 months of the last building’s occupancy certificate | As agreed in the layout |
From MahaRERA’s FAQ (RERA Act sections 11(4)(e) and 17(1), rule 9 of the state’s 2017 RERA rules) and MOFA 1963 section 11. Not sure if the deadline passed? Check the occupancy certificate date: our OC and CC guide shows where to find it.
3Get a deemed conveyance
When the builder won’t sign, the law lets the society apply to the competent authority, who can certify the conveyance without the builder after hearing both sides.
- Time
- Several months
- Cost
- Court fee, stamp duty and registration
- Where
- District Deputy Registrar, co-op societies
How to check
- Pass a resolution at the society’s general body meeting to apply for deemed conveyance.
- Send the builder (and landowner) a legal notice asking them to convey within a set time.
- Apply on Form VII under section 11(3) of MOFA to the District Deputy Registrar for your area. The fee commonly cited is a ₹2,000 court fee stamp; confirm it with the office.
- Attach the documents: society registration certificate, list of members, each member’s registered agreement or Index II, recent property card or 7/12 extract, the building permits (CC, completion, OC if any), the sanctioned plan, the legal notice and the resolution.
- Attend the hearing. If the authority is satisfied, it issues a certificate of deemed conveyance.
- Register the conveyance deed at the sub-registrar’s office, paying any stamp duty due, then apply to update the property card or 7/12 in the society’s name.
Watch out for
- A building occupied without an occupancy certificate: MahaRERA’s FAQ says such societies should get deemed conveyance under MOFA first, then approach the planning authority for the OC.
- Missing agreements or stamp duty for some flats: the office may ask for them before it decides.
What it doesn’t tell you: Fees and document lists vary between offices and have changed over time. Ask your District Deputy Registrar’s office for its current checklist, and consider a lawyer who handles MOFA matters.
Quick answers
What is a conveyance deed?
The registered deed by which the builder (and landowner) transfers the land and building to the housing society or other association of flat owners. Until it is registered, the builder still holds the land.
What is deemed conveyance?
When the builder doesn’t convey, the society can apply to the District Deputy Registrar of co-operative societies under section 11(3) of MOFA. After a hearing, the authority certifies the conveyance, and the society registers the deed without the builder’s signature.
When must the builder execute the conveyance deed?
For a MahaRERA project, within three months of the occupancy certificate (RERA Act section 17 and rule 9 of the state rules), unless the agreement says otherwise. For older buildings under MOFA, as agreed, or within four months of the society’s registration.
How do I know if conveyance is done for my building?
Ask the society for the registered deed, check that the property card or 7/12 shows the society as holder, and search the plot’s registered documents on IGR eSearch for a deed in the society’s name.
Is conveyance the same as my flat’s agreement for sale?
No. Your registered agreement gives you your flat. Conveyance transfers the land and building as a whole to the society.
Can a building without an OC get deemed conveyance?
Yes. MahaRERA’s FAQ says occupied buildings without an occupancy certificate should get deemed conveyance under MOFA first, and then approach the planning authority for the OC.
The checklist
| Check | Where | Time |
|---|---|---|
| Registered conveyance deed, or deemed conveyance certificate | Society secretary | — |
| Society shown as land holder | Property card or 7/12, Mahabhulekh | 10 min |
| The deed on the plot’s records | IGR eSearch | 15 min |
| Occupancy certificate date | Society, or the MahaRERA page | 5 min |
| Conveyance Update fields | The project’s MahaRERA page | 5 min |
Buying in a new project?
Our reports read the property card, the title report and every registered document on the plot, so you see who holds the land before you pay. Each project’s preview is free.
More: the property card and Index II, and what to check before the token.
Sources
- MahaRERA, Frequently Asked Questions (FAQ_1.pdf), on formation of the society, conveyance and deemed conveyance.
- The Real Estate (Regulation and Development) Act, 2016: sections 11(4)(e) and 17(1).
- Maharashtra Real Estate (Regulation and Development) Rules, 2017: rule 9.
- Maharashtra Ownership Flats Act, 1963: section 11; MOFA Rules, 1964: rule 9.
- Government of Maharashtra, guidelines on deemed conveyance to District Deputy Registrars, 22 Jun 2018.