Many older buildings in Mumbai still stand on land that is legally in the builder’s name, years after the flats were sold. That gap causes trouble later, when the society wants to redevelop, raise a loan or deal with a municipal notice. This guide explains how deemed conveyance works, what the Government of Maharashtra’s resolution of 22 June 2018 asks for, and what the Bombay High Court has said about it. It is general information, not advice on your building.
What deemed conveyance means
Under MOFA, a builder (the “promoter”) is expected to convey the land and building to the flat purchasers’ society. When the promoter does not, the society can ask the Competent Authority to step in. In the Bombay High Court’s words in ALJ Residency CHS v. State of Maharashtra (25 November 2024), the Authority “steps in the shoes of the Promoter”: it examines the papers, hears the promoter and other affected parties, and if satisfied issues a certificate to the Sub-Registrar, who then registers a conveyance without the promoter’s signature.
Documents the 2018 resolution asks for
The Co-operation, Marketing and Textiles Department’s resolution No. SaGruYo-2017/Pra.Kra.192/14-S, dated 22 June 2018, lists the papers. The application is made online and then filed as a hard copy.
| Uploaded with the online application | Filed with the hard copy |
|---|---|
| Application in Form 7 | Form 7 application, with the court fee |
| Society registration certificate (or company certificate, or deed of declaration for an apartment) | Copy of Form 7 showing the deemed conveyance (D.C.) number received online |
| Society particulars and the general body resolution to apply for deemed conveyance | One member’s registered flat agreement and Index II, or other proof of ownership such as a court decree, will or inheritance certificate |
| Property card or 7/12 extract not older than three months | The final approved layout plan sanctioned to the developer |
| List of the legal flat owners in the prescribed form | |
| Copy of the legal notice the society sent the promoter asking for conveyance | |
| Commencement certificate, and occupation certificate if there is one (otherwise a self-declaration, below) | |
| Court fee of Rs 2,000 (stamp or online payment) and a self-declaration that the papers are true |
The resolution also asks that a hard copy of the application go to the District Deputy Registrar (or the Joint Registrar, CIDCO, in CIDCO areas) and to the Collector of Stamps.
No occupation certificate? The application can still be made
This is the question societies ask most. The 2018 resolution allows a self-declaration that members have taken possession and that the society will apply for an occupation certificate after conveyance. In ALJ Residency, the Bombay High Court held that the absence of an occupation certificate does not bar deemed conveyance, and that a promoter’s own default “cannot be turned by the Promoter to its advantage”. The same judgment notes that the certificate does not regularise any unauthorised construction, and does not stop the municipal corporation from acting against it.
The steps, in order
- General body resolution. The society resolves at its general meeting to apply for deemed conveyance.
- Notice to the promoter. A legal notice asks the promoter to convey. A copy goes with the application.
- Online application in Form 7 with the documents above and the Rs 2,000 court fee; the system gives a D.C. number.
- Hard copy to the Competent Authority and the Collector of Stamps.
- Scrutiny and hearing. Defects are pointed out to the society; once the application is admitted, notices go to the promoter and to everyone named on the 7/12 extract or property card, and to other societies on the same layout.
- Order and certificate by the Competent Authority, issued only when the application is complete.
- Stamp duty adjudication. The Collector of Stamps is to decide within 30 days of a complete application (time waiting for missing papers is excluded).
- Registration of the conveyance by the Sub-Registrar. The resolution refers to registration within one day under the Maharashtra Right to Public Services notification of 2015.
- Record of rights. The process is complete only when the society’s name is entered in the property card or 7/12 extract.
Special situations the resolution deals with
- Several buildings on one layout, some unfinished: conveyance covers the completed building, with an undivided share in the land in proportion to construction.
- Fewer flats built than sanctioned: conveyance covers the flats actually built.
- Other societies not cooperating with measurement: the society may have the area measured by an architect on the Competent Authority’s panel.
- Members whose agreements were not stamped: they pay the stamp duty for their flat. If they do not, the society can pay it and recover it from them.
Common questions
Who is the Competent Authority in Mumbai?
The District Deputy Registrar of Co-operative Societies for the area where the building stands acts as the Competent Authority for deemed conveyance.
Does the Competent Authority decide who owns the land?
Its inquiry is whether the promoter’s right, title and interest can be made out from the documents, so that it can be conveyed. Genuine title disputes between other parties are for the civil courts.
Can a society redevelop before it gets conveyance?
Redevelopment is far simpler once the society owns the land. In ALJ Residency the court noted the society could enter into a redevelopment agreement after conveyance. For the redevelopment process itself, see who decides a society redevelopment.
Does every member need to sign?
The application is made by the society on the strength of its general body resolution, with the list of flat owners and one member’s agreement filed as proof of ownership. Members who never paid stamp duty on their agreement must pay it for their flat.
Sources
- Government of Maharashtra, Co-operation, Marketing and Textiles Department, Government Resolution No. SaGruYo-2017/Pra.Kra.192/14-S, 22 June 2018, on the procedure and documents for deemed conveyance (copy of the resolution)
- Bombay High Court, ALJ Residency Co-operative Housing Society Ltd. v. State of Maharashtra, Writ Petition No. 406 of 2018, judgment of 25 November 2024 (judgment text)
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, Section 11
Related: Maharashtra housing society rules 2026 · 7/12 extract explained
This guide is general information and does not replace advice on your society’s papers.