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 deedDeemed conveyance
Signed byThe builder (and landowner), in favour of the societyThe society alone, under a certificate from the competent authority
WhenOn time, as the law requiresWhen the builder hasn’t conveyed
Who decidesNo one: the builder signsThe District Deputy Registrar, co-operative societies, after a hearing
Registered atThe 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

  1. Ask the society secretary for a copy of the registered conveyance deed, or the deemed conveyance certificate and the deed registered after it.
  2. 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.
  3. 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.
  4. 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
StepMahaRERA projectOlder building (MOFA)
Society formedWithin 3 months of 51% of flats in the building or wing being bookedOnce the minimum number of buyers have taken flats, as the MOFA rules set
Building and land conveyedWithin 3 months of the occupancy certificateAs agreed, or within 4 months of the society’s registration if no date was agreed
Layout land, several buildingsTo the federation or apex body, within 3 months of the last building’s occupancy certificateAs 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

  1. Pass a resolution at the society’s general body meeting to apply for deemed conveyance.
  2. Send the builder (and landowner) a legal notice asking them to convey within a set time.
  3. 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.
  4. 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.
  5. Attend the hearing. If the authority is satisfied, it issues a certificate of deemed conveyance.
  6. 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

CheckWhereTime
Registered conveyance deed, or deemed conveyance certificateSociety secretary—
Society shown as land holderProperty card or 7/12, Mahabhulekh10 min
The deed on the plot’s recordsIGR eSearch15 min
Occupancy certificate dateSociety, or the MahaRERA page5 min
Conveyance Update fieldsThe project’s MahaRERA page5 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.

See what our reports found

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.