• Dec
  • 16
  • 2012

Deemed Conveyance Scheme for Co-Op. Hsg Societies in Maharashtra

Article ID 54021 | Posted In Corporate Law | , | 105 Comments » Print Friendly and PDF

Maharashtra State has introduced the DEEMED CONVEYANCE SCHEME FOR CO-OP. HSG SOCIETIES.This scheme will help societies  in getting conveyance of the land in their name in a fast track manner. Scheme is starting from 15/12/2012 to 30/06/2013.One more scheme for Registration of societies is also starting wherein all unregistered societies can get registered.

For more details visit  http://housing.maharashtra.gov.in/


  • Ramakant Kulthe

    Hi

    I bought the flat and society formed by builder. Now society demand for deemed conveyance from builder.

    The society demand to flat owner as contribution for deemed conveyance expenses.

    Sir, who bear the all expenses for deemed conveyance as per law?

    Kindly guide me.

  • GANESH S IYER

    Dear Sir,

    I am from Thakurli (east) Our Socitety is now done the Land convaynce deed from the builer. we are total 20 members we are contribution done Rs 12,000/- each and after with on Advacate thru the land convayance is done.

    Socitey is got one CD AND A FILE OF CONVAYNCE DEED PROCEDRUE AND CERTIFICATE

    The Society Secrety and Chairman is not giving a copy of the Convayance deed paper and for our records. The chairman is told this papers are one handling the socitety chairman and secretary. How to get one copy is available or any procedure please replay

    Ganesh s iyer
    mobile no 9987673499
    EMIL ID : ganesh9iyer@rediffmail.com

  • sanjay thavi

    How much money need to pay to the Govt. for conveyance deed ??

  • Bhawani Singh Bhati

    Dear Sir,

    As we our secretary has resign from his post, and he told us that new procedure of election is more tough. as he tell us that there will be deposit of 17000 for whosoever wants to stand in the election and the committee will come from Pune Maharashtra and also mention that Palghar district has different rules, as previous Vasai was in the thane now it is in the Palghar district so rules are change.

    As all the member of society want to elect one person and don’t want this long procedure, is there any way that all member decide to elect one man for their secretary post without going the way which he told.

    The all are happy to name one person with their mutual consent.

    Please let me know its urgent to know.

  • Bhawani

    Dear Sir,

    I purchase my second flat, in the same building with both my name and my wife name. and she is associate member of new flat, but I want her to be member of society, is there any way to do this, please let me know, the section bylaws, because society member needs to know if such things are in bylaws or not

  • Bhawani

    Dear Sir,

    I have purchase flat – resale and my old owner has already given conveyance changes and registration and stump duty fees to society, still society wants me to pay the same charges again. they are saying if deeds are not done till now you have to pay, once deed is done you don’t need to pay this charges.

    I want to know if bylaws has any such procedure, please let me know as he was saying this is written in the bylaws and rule of gov.

    Please help me as thy asking society transfer fees + conveyance charges + stamp duty registration charges.

  • satish patil

    My society is not form by builder that is formed apartment . Is it possible for deemed conveyance

  • KIRANKUMAR

    hi,
    our society, on getiing deemed conveyance adjudication order paid stamp duty by taking loans against Fixed Deposits of Repair Fund. Members don’t want to contribute for the stamp duty and are asking to withdraw entire repair fund and adjust the stamp duty amount. A resoution to that effect was passed. We wrote to Federation, who informed us that it is null and void, and members will have to contribute. Is there any provision in deemed conveyance act that society funds should never be utilised for payment of stamp duty?

  • Vinod L. Jinde

    Dear Sir,

    WE have registered our Housing Co.op. Society Ltd in the year 1997, now we have to make deemed conveyance agreement. Society is belong to DRS 1986 scheme by CIDCO. I want to know the procedure to get deemed conveyance deed in our Society name and what are the document require and whom to contact, whether we have toappoint Advocate or ourselves by our representative will do. Please send document list & way to make deemed conveyance deed.

  • Iyer

    I am selling a flat at New panvel which was purchased from a builder & duly regd in 07.07.2000. stamp duty paid was Rs 13,500/- & agreement value was Rs 5.31 lacs. Pl let me know how much I have to pay for deemed conveyance being applied now. How much my buyer has to pay for DC. pl advise asap. Thanks

  • KIRANKUMAR

    In various societies in and around Mumbai, various members have purchased flats and have paid stamp duty as applicable as per law. However, though mandatary/compulsory, they have not got their agreements registered with the respective statutory authorities as per law. They have been made members of the respective cooperative housing societies and have the share certificates transferred in their name.
    As per amendment, they were supposed to get their respective flats registered and were given last chance to get their agreements duly registered at the time of deemed conveyance.
    If these members are not coming forward to get their agreements registration, then is it the duty of the secretary or managing committee to debar them from membership as stated in new bye laws? Or is it the duty of the auditors for taking action?
    If such members are made to register their respective agreements, how will you calculate the stampduty? Will it not be required as they have already paid or is it on the basis of current market rate?
    If such members refuse to cooperate to pay stamp duty at the current prevailing price, as they have already paid applicable stamp duty in past, who will pay the stamp duty?
    As per latest amendments, both the parties to the agreement, buyer as well as seller needs to be present at the time of registration of agreements. In case, sellers are no more and have expired, can such agreements still be registered?
    Is it fair to stop them from voting rights in the society activities as they have willfully not completed the mandatory provisions as per law?
    Has the secretary of the society got the right to ask such members to vacate such premises?

  • Ramchandra S. Jadhav

    I am a Secretary of registered co-op. Hsg. society at Mulund. The Builders continued construction beyond permissible limit of 6 floors by raising slabs upto 7th & 8th floor. BMC stopped the work in the year 2000. The Builders then neglected the work and for the last 14 years the Building stands in the same position. All the flats upto 6 floors are already occupied. The Builders had sold 3 flats, two on 7th floor and one at 8th floor. As these floors were not constructed, the Builders allowed them to occupy 3 vacant flats on 1st floor on temporary basis. These 3 buyers are staying for more than 10 years on 1st floor on temporary basis although they have paid stamp duty and registered the documents for flats on 7th & 8th floors. Now the Society Has got deemed conveyance of land and Building thereon and all documents are transferred in Society’s name. The Builders have filed writ petition in High court challenging deemed conveyance order in November ’13 which is yet to come for hearing for admitting. Kindly advise whether the Society can regularize the Flats on 1st floor given to them on temporary basis in lieu of flats on 7th & 8th floors by ratification/ rectification deed in view of deemed conveyance granted to them.

  • CHACKO

    need a solution how to go about

    our building is nearly 30 years old. it stands on a plot where there is big society named tarun bharat society at andheri chakala, which hold small plots of land on lease to land lords our building stands on such a plot. the land owner had given the plot to the builder to develop residential flats, the builder developed the building and sold to us and registered the document and outright sale. in the agreement it was written that it is for 999 years of lease. the builder during the time had said that we are the actual owners of the flat and not tenents . there are 15 flats in the building and three flats are occupied by the land lord. the builder said they are the same as we are. we 12 members formed a society where in we did not include the land owner as he was not favourable to it in 2001. we occupied the flat in 1982. one said the we cannot form a society within a society. i.e. tarun bharat society is a big society which holds these plots of land under lease for 999. we obtained the noc and formed the society. no w it is almost 30 years the building is in dilapitated situation where pillars are having crack and ceilings too.we approached the builder for a redevelopment and agreed to it.now when the builder approached the land lords they say that they are not interested let the building fall and the land will be ours and rest 12 members will be out and nothing will help them to gain access. in short they are expecting the building to fall. when we enquired with tarun bharat society we came to know that the land lord has taken an noc from tarun bharat without our knowledge and transferred the or added name of its legal heirs in the society of tarun bharat which is a fraud committed by the tarun bharat. many people are harrassed by Mr, nair who is the main person of tarun bharat society where in a huge sum of money is extracted from builders for redeveloping the plot small to small rs. 500 per. sq.ft. a royalty etc. for its members or plot owners.

    our question is how do we tackle such a situation where in such a atrocities are done by land lords to flat owners as all are middle income group and senior citizens staying in the building and no one knows how to handle the situation to bring to task the land lords.
    can any one suggests us what to do about because now the builder for redevelopment is also backing out saying it is difficult to tackle such a landlord. how to go about for conveyance as the building is more than 30 years old and no documents are obtained from the bmc neither from the builders as the partners are all dead. its a complex situation and do not know how to handle the process.

    does anyone can help us can email me at chacko_2k@rediffmail.com

  • Adv. Vijay Kulkarni

    Hi All,

    Firstly, due to workload, i could visit this site, which is one of the most popular site, which provides opportunity for all to interact on Deemed Conveyance,

    Dear Mahendra Mange,

    You can visit concerned city Survey Office in your Area and file an Application for updating your Society name, you can also read the enclosed news in the enclosed useful link,

    dnaindia.com/mumbai/report-getting-name-on-property-card-to-be-easier-1760239

    Regards
    Adv VIjay Kulkarni

  • Mahendra

    I am residing at Vashi and that plot is 12.5% Gaothan (CIDCO). Now society has formed by us and Conveyance deed also made. But after the conveyance deed the work is pending to transfer the name infavour of Society.

    Can you you guide us the how can I apply the Society name in CIDOC as well as property card. Pls provide the letter format for the same on my email mahendivya@yahoo.com.

    Regards
    Mahendra Mange

  • Ami

    Hello All,

    Our society of 66 members, spread across 45000 sqft area, is looking forward to get this deemed conveyance,since the original builder is’nt ready to give the same stating some reason, we have filed a suit against him and the matter is under court at the moment.

    we are planning to go for society re-development and for which one of the essentials is getting a deemed conveyance. any of the expert in the matter can send me the quotation for getting all the necessary and relevant documentation done as early as possible.

    send your quotation to ami.upadhyaya@gmail.com or contact me on 9987097792.

    Regards/Ami

  • Ramchandra S. Jadhav

    Our Society has been issued deemed conveyance order and the Builders have filed writ petitions in High court to quash and do away the order and grant interim relief of ‘Stay’. The writ petitions are pending for ‘Admissions’. Now it will be heard after summer vacation. In the meantime, the Society has done registration of ‘Conveyance Deed’ and also got property card transferred in its name.Assuming the High Court grants ‘Stay’, what will be its impact on the society when the property card now stand in Society’s name. Kindly advice.

    • Adv. Vijay Kulkarni

      Dear Ramchandra,

      As you have already registered the Conveyance Deed and updated property card, you need not worry, In my opinion you should contest High Court matter with same spirit.

      As conveyance is mandatory obligation cast upon the builder, your chances of getting favourable order are very high.

  • audumbar

    Now the society wants to do deemed convyence . For that they are saying to you have to pay stam duty and registration for your individual flat. Can you please guide me the same.landlord should have to pay sd and registration or not. If yes then how much ???
    Awiting for your reply..

    Regards,
    Audumbar (09869324940)

  • audumbar

    Dear sir,

    We have land at kulgaon badlapur. In dec 1987 we had given land to one builder for development. We have that time Rs.10 stam paper development agreement. Against this deal we got 3 flats from builder and remain 18 flat buider had sold. Now society already firm and we are landlord member of society. Now society

    • Adv. Vijay Kulkarni

      Dear Audumbar

      You have to pay Registration and Stamp at the the time of execution of the Deed. In my opinion, you should join hands with the society and pay deficit charges on stamp duty and registration and regularise your documents. use this as golden opportunity, and thank the Govt for promoting conveyance.

  • Ram Kutwal

    Ramchandra ji,

    I can do it. You can contact me.

  • Ram Kutwal

    Snehal,

    The cost for registration is per head.

    Further, for society registration and deemed conveyance you can contact me.

    • Piyush P Saha

      hello sir,

      Can you please brief me about the contribution that each flat owner needs to contribute for Conveyance/Deemed Conveyance? Does the total amount need to be equally contributed by all flat owners or does the contribution need to be done per square foot wise (i.e. area of each individual flat owner).

      A prompt reply will be highly appreciated.

      Thanks,

  • Ramchandra S. Jadhav

    The Society after getting Deemed conveyance order, has completed adjudication process and has paid stamp duty of Rs. 100/- as all purchasers have already paid their individual stamp duty. Now what is the next step to get conveyance Deed registered and then how to proceed further for getting land record transferred in society’s name. The Society is at Mulund. How much expensive it is to get land record transferred and anyone will help society on minimum charges ?

  • Ramchandra S. Jadhav

    The Society after getting Deemed conveyance order, has completed adjudication process and has paid stamp duty of Rs. 100/- as all purchasers have already paid their individual stamp duty. Now what is the next step to get conveyance Deed registered and then how to proceed further for getting land record transferred in society’s name. The Society is at Mulund.

  • ram kutwal

    Snehal,
    For society registration normal charges are rs 2000 – 3000.
    For deemed conveyance depending upon your case.

    Regards,

    Adv. Ram Kutwal
    Mob 9022701818

    • Snehal

      Dear Sir

      IT is (2000-3000/- Rs) per head our total cost of Socity Registration.

      For conveyance I cant Understand the case.

      Also for Registration & Conveyance require Advocate.

  • Snehal

    Dear Sir

    For Society Registration and Conveyance Hoe Many Total expenses will require.

    Our Builder demand 3000/- rs only for Society registration. per head and our socity have 12 flats & 6 shops.

    Please give advice for same as above.

  • Ramchandra S. Jadhav

    In continuation, I have to add that Builders and their third party developer say that they want to construct a building of Gr. + 15 floors for which TDR is now purchased by them in 2012. As per society, they had a permission for Gr. + 6 floors which they have already completed 14 years back and as they have not done anything for such a long period, the society applied for deemed conveyance, which was granted.

  • Ramchandra S. Jadhav

    DearRam Kutwalji Sir,
    I am very much thankful to your valuable advice. The matter of getting land record transferred in society’s name is under process and we are filing our reply in High court. But Sir, I would like to know your views on our case. Please refer the background given earlier which is once again reproduced below:
    Our Agreement with the Builders states that the plans are approved upto Gr. + 8 floors. However permission was granted only upto Gr. + 6 floors in the year 1995. As they continued to construct two more slabs, BMC issued ‘Stop work Notice in the year 2000. The possession was given to all the 60 flat owners. The Building is in the same position for the last 14 years as the Builders have not done anything.The Society was formed in 2007. The Builders appointed another developer in 2008 for constructing a building upto 15 floors. The agreement says that the plans are approved upto 8 floors and it is proposed to construct building upto 13 floors subject to getting TDR and subject to obtain written consent from the Buyers.No such permission was obtained. The Society now got Deemed conveyance order and further processing of getting property card transferred in society’s name is in progress. In the meantime, 3 separate Writ petitions, 2 by Builders of two wing and one by their Developer with whom society is not concerned.

  • Ram Kutwal

    Jadhav ji,

    You have to defend yourself in High Court. File detail reply in High Court. Meanwhile since there is no stay from High Court, you can always go ahead for putting name of society on land records.

    For detail advice contact- 9022701818

  • Ram Kutwal

    Jadhav ji,

    You have to defend yourself in High Court. File detail reply in High Court. Meanwhile since there is no stay from High Court, you can always go ahead for putting name of society on land records.

    For detail advice contact:- 9022701818

  • Ramchandra S. Jadhav

    Further to my messege, 3 writt petitions are filed in High court with mala-fide intention to harass the society as they know that the society in the absence of fund can not fight for a long time.Kindly advise

  • Ramchandra S. Jadhav

    Our Agreement with the Builders states that the plans are approved upto Gr. + 8 floors. However permission was granted only upto Gr. + 6 floors in the year 1995. As they continued to construct two more slabs, BMC issued ‘Stop work Notice in the year 2000. The possession was given to all the 60 flat owners. The Building is in the same position for the last 14 years as the Builders have not done anything.The Society was formed in 2007. The Builders appointed another developer in 2008 for constructing a building upto 15 floors. The agreement says that the plans are approved upto 8 floors and it is proposed to construct building upto 13 floors subject to getting TDR and subject to obtain written consent from the Buyers.No such permission was obtained. The Society now got Deemed conveyance order and further processing of getting property card transferred in society’s name is in progress. In the meantime, 3 separate Writ petitions, 2 by Builders of two wing and one by their Developer with whom society is not concerned. Kindly advise what society should do and whether Society can get the property Card transferred in its name as they have demanded Stay order for execution of Deemed conveyance order.

  • Anil G. Hengle

    Dear Sir,
    Our Hsg. Society (situated at Sector 26 of Pimpri Chinchwad New Town Dev. Authority, Nigdi, Pune) applied for Conveyance Deed in the office of Dy. District Registrar, Pune on 22nd May, 2013.All the relevant and required documents were also filed with the application.
    We received reply from Dy. District Registrar on 12 th June,2013 saying that, ” the property is under lease with Pimpri Chinchwad New Town Development Authority(PCNTDA) and as such the proposal is to be followed up with PCNTDA”. Copy of the reply was also forwarded to The CEO of PCNTDA with a request to do further needful.

    Since Dec. 2012 there was appeal from Govt. to Hsg. Societies for applying for Deemed Conveyance. Never it was mentioned about separate procedure for property under lease.
    kindly advise.

  • Ram Kutwal

    Dear Pilane,

    You can go for deemed conveyance.

    Adv. Ram Kutwal.

  • Shankar Pilane

    Dear Sir,

    Please guide me on below.

    Our society is located at Nerul, Navi Mumbai & same is registered 3 years back.Our Plot is 12.5% land allotted to farmers in Navi Mumbai. Now we want to apply for Deemed Conveyance. But understand from various people that we can not apply for the same as our plot is 12.5% plot & CIDCO do not entertain such applications.

    Hence, please advice in above situation can we apply for the Deemed Conveyance. If not then what will be the next procedure.

    Regards,
    Shankar Pilane.

  • Rajendra Dave

    I have purchased a flat from Builder in Pune in 2010. Till date the builder failed to complete the Appartment deed and asking to pay the VAT, Service Tax and LBT to pay by cash and then builder will start apartment deed process. We are looking to approach the deemed conveyance authority to complete the appartment deed. Before that just want to get some guidance on VAT and service tax. Do we have to pay those taxes to builder before applying to Deemed conveyance?

    If we filled in deemed conveyance whtou paying those to builder then what’s the common steps generally builder will act.

  • satish h vilankar

    our socity is registered in 2000. we have 33 flat & 19 shops
    our socity.(22year old) we are on 99 years lease plot from
    collectorland?for dombivali(w)
    now as per govt. order we can obtain the d.c.what is prosses for deemed conveyance?

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      IN GENRAL
      What is Deemed Conveyance?
      As a resident of a housing society or an apartment complex, it is vital that one understands what deemed conveyance is all about. In Mumbai and Thane city like the financial capital of the country, there are many housing societies which are old and would go into redevelopment soon. For any housing society, it is vital to acquire conveyance or deemed conveyance and have the land named after their society. The ideal scenario is acquiring the conveyance certificate. Failing to do so, a housing society cannot go under redevelopment. There are several documents which are required to apply for deemed conveyance. Several Documents Moreover, it can be updated from time to time. Most housing societies often end up looking for these documents at the last minute. it poses a serious risk to your most valuable asset and probably your biggest investment,
      Deemed conveyance occurs when the builder/land owner or the legal heir refuse to co-operate in handing over conveyance certificate to the apartment complex management committee. In such case, the housing society has to appear before the designated competent authority who will hear the case of both parties i.e. the housing society and the builder and would pass the required order of conveyance. It is a remedial measure obtained by the society against the builder/landowner who does not wish to convey the property since he/she sees a commercial gain out of the property in the future. This could include usage of potential FSI for their personal gain.
      Deemed conveyance is final conveyance and the same can be registered. Once the designated competent authority has passed the order, there cannot be an appeal against it.
      The Maharashtra Government’s “Deemed Conveyance” scheme has been extended twice. The government has said there will be no further extension. Many housing societies are keen for redevelopment but they cannot go ahead with redevelopment for want of conveyance.
      What does the law say?
      In case of Regular Conveyance, the Builder/ Developer/ Landowner/ Promoter are duty bound to co-operate with the CHS and execute a Conveyance deed before the Sub-Registrar and the original documents are handed over the new owners after completing all the necessary procedure.
      As per the provisions Under Section 11 of the Maharashtra Ownerships Flats Act (MOFA), the promoter is duty-bound to complete his title and convey the same to the organization of persons who had bought the flat (i.e. cooperative society, CHS, home buyer, apartment owner, etc). The Conveyance has to be executed and the promoter or builder has to deliver the title relating to the property. It is also the duty of the promoter to file a copy of the conveyance with the flat purchasers and the competent authority under section 11(2).

      Documents Required for Deemed Conveyance are as follows:

       Application Form 7 to the District Deputy Registrar, Co-operative Societies, affixing a court fee stamp of Rs 2,000 on the application
       Affidavit made before the Notary or Executive Magistrate True copy of the Society Registration Certificate
       Stamp duty paid and registered agreement copies of all individual flats/ shops
       List of members in prescribed format
       Index-II for each member as issued by the Sub-Registrar of Assurance
       Copy of the Development Agreement between land owner and builder
       Copy of the legal notice issued to the original owner or developer for doing conveyance
       Details of corresponding address telephone number etc. of the original owner or developer
       Draft conveyance deed/ Declaration proposed to be executed in favour of the applicant

      Documents to be obtained from City Survey Office, for submission:

       City (CTS) Survey plan
       Property Registration Card or
       7/12 extract of the land
       Village form 6 (Mutation entries from Revenue Office)

      Documents to be obtained from the Collector’s Office, for submission:

       Copy of the Non-Agricultural Order
       Certificate of the exclusion from Land Ceiling Act (ULC) Certificate

      Documents to be obtained from the concerned Municipal Authority Office, for submission:

       Copy of the approved plan
       IOD
       Commencement Certificate
       Building Completion certificate
       Occupation Certificate (not compulsory)
       Property taxes paid
       Location plan of the building

      Documents to be obtained from other professionals, for submission:

       Search Report of the land issued by the Solicitor/Advocate
       Title Certificate of the Property issued by the Solicitor/Advocate (Search by minimum for last 30 years)
       Land Measurement Map/ Architect’s Certificate (layout plan of the plot)
       Certified copy from Panel Architect about the utilization of full FSI or FSI if any left in respect of the said property /Plot.

      Procedure after submission of all the above documents to the Sub-Registrar:

       After spot visit by authorized government officials, a notice would be sent to the builder
       Builder can submit written argument, before a formal hearing is held
       Public notice has to be published in 2 newspapers, of which one shall be in Marathi.
       If there is no response or objection to the notice, then speaking order and certificate of deemed conveyance is issued to the society
       Once the Deemed Conveyance order with Conveyance deed is executed, the index II has to be obtained and submitted to the Talati office or City Survey office to incorporate the name of the society in the 7/12 extracts or in the property card as the case may be and/ or both.
       If society did not have an OC while applying for deemed conveyance, it is compulsory for the society to obtain an OC from BMC, after the deemed conveyance is obtained.

  • satish h vilankar

    our socity is registered in 2000. we have 33 flat & 19 shops
    our socity.(22year old) we are on 99 years lease plot from
    collectorland?for dombivali(w)
    now as per govt. order we can obtain the d.c(deemed conveyance. what is prosses for deemed conveyance?

    • Adv Vijay Kulkarni

      Dear Mr Satish,

      Your Soc. can go under Deemed Conveyance, but in spite of Govt Order as referred in your Query, In my opinion, you should add Collector as a Respondent / Opponent in your Deemed Conveyance Application, and give Collector an opportunity to file his reply to your claim. this is Advisable with long term perspective.

      And you will get Conveyance for balance lease period only

      Regards

      Adv Vijay Kulkarni

  • Anil Tipnis.

    Sir,
    Our society is registered in 1964. We have 101 flats.Our society is on salt pan plot of Mhada.WE are on 99 years lease plot. Now as per Govt.order whether we can obtain the D.C.(deemed conveyance) from Mhada? What is the procedure.
    Anil Tipnis.
    mob. no. 9892972195

  • Prashant Ghosh

    Dear Sir,

    I am a secreatry of a soceity & the building is built in 1996 but still old secreatry’s has not issued share certificate i would like to issue them a share certificate what are the process & also would like to do convience dead kindly let me know the process & paper required.

    Thanks & regards
    Prashant Ghosh
    9594751293

  • Milind Swami

    Dear Sir,
    LBT is imposed in kalyan area? Can we appeal against this? why we should pay as we already paid stamp duty & taxes? kindly suggest.

    Feel free to contact 09820551992

  • Bhushan Bharambe

    Dear Rams Sir and Kulkarni Sir ,
    Please advice what can be done in following situation.

    1. Project Consists of 6 Buildings. 4 constructed 2 will be constructed in future.
    2. Possession for 4 buildings done
    3. Agreement to sale done for 70% units.+possession also given , remaining
    30%apts are yet to be sold
    4. Condominium is formed , and members are running to condo.
    5. Deed of Apartment is not done and building is not willing to do same in near
    future.

    i have following questions.
    1. Can we dissolve the condo and form a Co. Op housing society
    2. Can we get the Deemed conveyance done.
    3. Would the owners who have paid stamp duty @ 3% be supposed to pay
    differential stamp duty i.e. 6% – 3% and on what value.

    thanks in advance

    Regards
    Bhushan Bharambe

  • Mr Sandeep G. Lakhan

    Sir,

    Kindly attention : Adv. Mr. Vijay Kulkarni / Adv. Ram Kutwal

    I residing at Hirji Baug CHS Ltd, Sewree, Mumbai-15. Our society is registered in 1979 and our landlord developed his property in 1989. Agreement between landlord & tenant effected in year 1988 with Rs.5/- stamp duty. Is this agreement is valid for deem Conveyance or we have to pay stamp duty with penalty for the process of deem conveyance.

    Kindly give me your kind opinion for the same.

    Thanks

    Sandeep G Lakhan
    9819448977

    • Adv Vijay Kulkarni

      Dear Sandeepji,

      You have to pay deficit stamp duty at applicable rate, as of 1988.

      But this procedure is after receiving Deemed Conveyance Order. You need to file all documents along with individual agreements for Adjudication, and the Collector of Stamps shall give you a consolidated amount of Stamp Duty payable.

      Regards

      Vijay Kulkarni.

  • Mr Sandeep G. Lakhan

    Sir,

    Kindly attention : Mr. Ramesh Prabhu

    I residing at Hirji Baug CHS Ltd, Sewree, Mumbai-15. Our society is registered in 1979 and our landlord developed his property in 1989. Agreement between landlord & tenant effected in year 1988 with Rs.5/- stamp duty. Is this agreement is valid for deem Conveyance or we have to pay stamp duty with penalty for the process of deem conveyance.

  • PRRaman

    Sir,

    We compiling the documentation file for DC application.Will you please enlighten me about payment of LBT/Stamp duty /Registration charges( quantum).We have 23 flats with due payment of stamp duty and registration charges as per market rate since all agreements to sell were after 1991. There are copies of agreement with the first developer duly registered followed by unregistered POA duly notarised and agreement to sell from the first developer to Second developer/our builder.
    I request to enlighten as to the quantum o funds required for Atamp duty and registration charges for final Deemed Conveyance in the process.

  • H. N. Sawant

    Dear sir,

    In my plot there are there building and two of them where build in 1988 & form a society But one of them is a tenant building so can our society can go for deem conveyance.

    Please help for the same

  • ashok patel

    we help society to solve any type of problems,Re-Developments,deemed conveyance, OC-Occupancy Certificate, Registering Name of society or Land owners in 6/12, 7/12, Property card, NA work, getting all required legal documents for the society who do not have any documents for title of the society in society name and various society connected works etc
    you may feel free to contact us 9322032922 ashok patel email ashokpatel929@gmail.com

  • ashok patel

    Deemed conveyance we help society to solve any type of problems
    you ay feel free to contact us 9322032922 ashok patel email ashokpatel929@gmail.com

  • Ajay Vyas

    Dear Mr. Kulkarni

    My society is in Kalyan West.
    Society is formed and it is registered.
    KDMC area.
    Rgds

    Ajay

    • Vijay Kulkarni

      Dear Ajay

      You can Apply for Deemed Conveyance, as your Society is eligible.

      Regards,
      Adv. VIjay Kulkarni
      Mumbai – 9920487117

  • Ajay Vyas

    Dear Mr. Kulkarni, my housing society is 12 years old and till now conveyance deed is not done. I have taken inecetive for doing the conveyance deed. Please advice what is the procedure’s for the same.

    Thanks & Regards

    Ajay Vyas

  • ajit

    Land’s 7/12 extract is in landlord’s name who is not alive as on today and her daughter say they have no interest since, in will , these land was not considered. Now Land of 1000 Sq ft was purchase by my father in year 1964 for rs 20000 in thane, it is on 5 rupees stamp paper, no stampduty or registration is done for said land, No objection was given by Landlord so House was bulit and property tax ( no Premission was taken for buliding house (simple house) electricity charges, water charges all are in name of my father.

    Now my question is can house will get registered now in name of my mother since, father has expired.Almost 50 yrs we are being in same house.

  • Ratan Shinde

    Give me details of total expense for deem conveyance of society land, (Society Land is 3000sq.ft total flats 36 + 7 shops land cost lumsum 27600000)

  • Manoj

    I just wanted to know whether the date for deemed conveyance is being extended or it was till 30th June’13 only as we are planning to go for deemed conveyance.

    • Vijay Kulkarni

      Dear Manoj,

      You have raised an Important issue,
      Please note that, there are many Societies, who are confused about the last date of Deemed Conveyance process.

      There is nothing like LAST DATE, and whereas the Deemed Conveyance process is available forever, and the Government has amended the provisions of MOFA to enable Societies to get Deemed Conveyance, and appointed Competent Authority, who is empowered to convey land to the Society on behalf of defaulting promoters. Just to promote and encourage societies to approach Competent Authority and file / apply for Conveyance, the Maharashtra Govt, had launched a spl. drive, and last date of the said drive was June 30, 2013, and many societies have availed benefits of the said drive by Hon’ble Chief Minister, and since the Govt has created sufficient

      So to answer your query, ONLY the SPL Drive is over, and the process of Deemed Conveyance is ON and OPEN for everyone even after June 30, 2013.

      Please read article on Page 4 of Time of India dated 10th July 2013, from the following link.

      epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

      Regards

      Adv. VIjay Kulkarni
      Mumbai – 9920487117

  • Vijay Kulkarni

    Dear Mr. Rajesh,

    In your case, the concern is not lease deed, as conveyance can be given in case of leased land, but since the term is getting over is in next 7 years (2020), it is advisable to renew the lease deed and then approach for conveyance / take regular conveyance. But in case you wish to go for deemed conveyance, then you will get conveyance for only balance period of lease, which in my opinion, may not be of any help for society members,

    Regards

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • Rajesh Kothari

    Dear Sir,

    Our society building in Mumbai is constructed on a leased land owned by a trust. The builder has done the conveyance of the ‘building’ in favour of the society many years back. But, it seems that land conveyance is not possible to be done in favour of society because it is standing on a leased land. Please guide how to get conveyance of land done in favour of society. Also, point to be noted is that lease is getting over in 2020.

    Rajesh Kothari

  • PRRaman

    Sir – Thanks for your valuable advice on DC.

  • Vijay Kulkarni

    Dear Mr. Raman,

    Please apply for Deemed Conveyance and secure the land of the society, that is the primary issue. Regarding LBT, I have not come across any circular issued by Govt. in any case payment of any deficit stamp duty etc is subsequent to the receipt of favourable order in favour of Society.

    Regards
    Adv. Vijay Kulkarni

  • Vijay Kulkarni

    Dear Mr Raman

    On applicability of LBT, till date I have not come across any circular issued by Govt. As regards Deemed Conveyance, you need to provide the list of the present members of the Flats along with the Stamp Duty and Registration details. In case there are more resale flats, then its good for Society, as at the time of adjudication of Stamp duty charges (for deficit cases), your Society will have to pay less amounts, as you have more resale Flats. Even if LBT is applicable / not applicable, its common for all societies, and the same is applicable to your society also.

    I suggest you to go ahead and file your Application for Deemed Conv, as unless your society receives title to land, you are not real owner of even your flat. Hence it is advisable to atleast get the order in favour of Society, and later you can review the issue of taxation.

    Regards
    Adv. VIjay Kulkarni
    Mumbai – 9920487117
    vkassociates2008@yahoo.com

  • PRRaman

    Sir ,
    We intend to apply for DC. Our Society has 23 flats and all have paid stamp duty and duly registered. There are second sale flats. Please let us know whether LBT is applicable

    1. Original agreements of 23 flats

    2. on all resale flats

    You advice wil go a long way in going ahead since in second sale flats the incidence will be very high and difficult to bear by many of the Senior citizens.

  • DNYANESHWAR

    Dear Sir,
    My housing society is in the process of obtaining deemed convence.Society is registered .In my society some flats are not sold ,they are given to land owner as per the development aggrement . These flats are not registered or not paid stomp duty. We want to obtain deemed convence. Whether we have to pay stamp duty of these unsold flats ,how much stamp duties fees . Wheather fees of deemed convence paid by builder or society member & how much fees for deemed convence please guide me.
    Thanking you.
    Dnyaneshwat

    • Vijay Kulkarni

      Dear Dnyaneshwar,

      As per the requirements for Deemed Conveyance (DC), it is mandatory to pay Stamp Duty (SD) and Regn Charges.

      Generally, Society should ask the land owners to join society as members and accordingly such members should be asked to pay SD and Regn Charges. In case they are not doing so, then you can treat such flats as unsold by the Builder / treat the same as exchange of Property by the builder with the landowner (i.e, Owner has given land and builder has given flats in turn.

      While preparing the schedule of Flats (Exhibit), you can report these flats allotted to the owners with Zero SD and Regn charges paid, and still file DC Application, before Competent Authority. Generally Competent Authority’s office insists a declaration / letter from stating that, such deficit SD and Registration shall be paid by Society / you will ensure that, such amounts are paid / recovered from such members. The problem of payment of deficit SD and Regn charges will come only at the time of Adjudication of SD and Regn charges by the Collector of stamps, which will be after passing of the Order by Competent Authority in your DC matter.

      I advise you to still proceed with DC application and atleast secure the land in favour of society, which is more important. Atleast after passing of the Order by Competent Authority in your DC matter, either the Developers / Land Owners cannot create any 3rd Party interest on the land concerned, and most importantly till you receive Conveyance of land, you are not the real owner of YOUR FLAT !!!.

      Hope this clarifies your doubt.

      Regards
      Vijay Kulkarni
      9920487117.

      • DNYANESHWAR

        Thank you Sir for ur valuebale guideline

  • Vijay Kulkarni

    Dear Vidyadhar

    Kindly request your Lawyer to put an Application under RTI Act before COllector o Stamps / Adjudication officer / person asking you to pay FBT, for seeking explanation on the demand to pay LBT.

    Let government officials reply to the said requirement of payment of LBT. In my opinion you should compel the concerned officials to answer to you and till then you can wait.

    Regards

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • VIDYADHAR

    Querry regarding execution of Conveyance Deed.

    Our housing society in Pune Kondhwa has appointed a lawyer to execute Conveyance Deed.

    All the house owners have paid the applicable Stamp duty & registration fees during sale deed with the Builder.

    Now the lawyer is asking to pay LBT.

    I understand that LBT is applicable for sale transaction.

    How it can be applicable for Conveyance Deed?

    Conveyance Deed is transfer of name of the society to the property ie land on which the houses are built. No sale is involved. Then why LBT?

    Please reply to Kapil Dev 9823823711.

  • Adv. Vijay Kulkarni

    Dear Anurag,

    In my opinion, you need to contact concerned Registration office, and through official searchers, try to trace the entry of registration in the Register available with the Department. in case you are unable to get the same, try to seek directions from the Registrar, about how to proceed with the matter.

    Regards

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • Adv. Vijay Kulkarni

    Dear Jayesh,

    Charges depends on merit of each Society Matter and also depends on the papers available with the Society.

    Regards

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • anuraag

    Conveyance done in year 67, floods in mumbai destroyed all records, no number available except date of conveyance. How to obtain the copy of the conveyance deed and from which authority and where ?

  • JAYESH

    Can Somebody please inform me that how much charges we have to contribute for society’s land conveyance charges when there is a different types of flat area. Is there any guidelines for such? Please inform me. Thank u very much.

  • Adv. Vijay Kulkarni

    Dear Shyam Murdekar,\

    Charges vary from Society to Society, and it depends on merit, of each case.

    For your info, I have already succeeded in more than 10 Society matters in past 2 years.

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • Adv. Vijay Kulkarni

    Dear Sudhakar,

    There is no fixed fees payable to the Government, Court fees payable at the time of filing the Application for Conveyance is Rs 2000.- and the Duty payable on Conveyance Deed is Rs 100/- however, in case there is any deficit stamp duty and registration charges payable (earlier unpaid by members), such deficit shall be paid at before registration of Deed of Conveyance.

    Please note that, the Applicant Society is required to submit an undertaking before COmpetent Authority for payment of such deficit stamp duty to the Govt.

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • Adv. Vijay Kulkarni

    Dear Muraleedharan,

    At the time of filing Application for Deemed Conveyance, you need to submit the available details to Society, and they will submit the same in the list of flat owners, and also they will furnish the details of Stamp Duty and Regn Charges paid.

    In case there is any deficit payable, then you to the same at the time of adjudication process (i,e before Registration of the Unilateral Conveyance Deed), You need not worry, but ensure that, you collect some Government related proof of oldest payment made (>20 years,) for electricity,telephone charges, property tax etc, so that, this case be submitted to the collector of stamps, and you shall get benefit of payment of Stamp Duty and Registration Charges at such old rates.

    Regards

    Adv. VIjay Kulkarni
    Mumbai – 9920487117

  • shyam murdekar

    What will be the total charges to Obtain Deemed Conveyance deed for a Registered Society. There is no contact with builder.

  • Rahul Adawadkar

    Hi,

    Can anyone assist me for obtaining the ‘Conveyance Deed’ for co-op housing society in Pune? Please mail me on rahulad.ca@gmail.com

  • Namitabh Kothari

    Dear all,

    If you want help, guidance and services for Deemed Conveyance then please contact for the same.

    regards
    Namitabh Kothari
    9930992660

  • Ram Kutwal

    To,
    Mr. Sudharak,

    For Deemed Conveyance you have to pay around Rs. 32000 – 35000 plus deficiet stamp duty to the Government.

  • Ram Kutwal

    To
    Shyam

    The procedure is too vast and therefore cannot be described here. Better is to contact.

  • Sudhakar

    Dear Sir,

    Our property located at Badlapur (East) and society has been register at 2008. But Conveyance deed not done yat. For doing conveyance how much fees we have to pay to Govt.

    Regards
    Sudhakar 09833669588

  • Sudhakar

    Dear Sir,

    Our property located at Badlapur (East) and society has been register at 2018. But Conveyance deed not done yat. For doing conveyance how much fees we have to pay to Govt.

    Regards
    Sudhakar 09833669588

  • shyam murdekar

    We have a registered co-op hsg society & we want to apply for deemed conveyance deed what are the procedures to get deemed conveyance deed, there is no contact of builder.

  • Ram Kutwal

    Jyoti,

    First you need to get society registration. Then only you go for deemed conveyance.
    For society registration at least 10 members should be there.

  • JYOTI SAKHALA

    I have purchases a flat in the building wherein there are 11 flats We have not made any society neither we have registered as Apartment . All are individual owners , can we get deemed conveyance registered . 3 members are not interested in making society. Further Owner of land had given the land on Development Agreement basis .the Developer is not providing /he is not having certain documents for conveyance In such a situation can we register Society/ Apartment & make conveyance Deed .What is procedure , Please inform in detail via mail
    Thanks

  • Rakesh jain

    I myself Rakesh jain owner of quickndeal Providing service to advocate and societies for making deemed conveyance and society registration I am having full contact in government section and i am doing deemed conveyance as well as society registration work if your society wants to do deemed conveyance then you can contact me on 9321313030 and my email id is quickndeal@gmail.com ,i will guide you properly

  • Adv. Ram Kutwal

    Rahul,

    For deemed conveyance, all the members must paid their stamp duty while they purchase the flat. Also, i dont understood your question. Describe it.

    For more details please contact 9022701818, ramkutwal@gmail.com

  • Adv. Ram Kutwal

    Santosh,

    For deemed conveyance all the members of the society must paid the requisite stamp duty at the time of the transfer of flats. if they dont, then at the time of applying deemed conveyance they have to pay it. Then for registration Rs. 30000 is fees. If all the members have paid requisite stamp duty then stamp duty will be only Rs. 100

  • Adv. Ram Kutwal

    Aashish Singh,

    For normal conveyance also the adjudication officer first will adjudicate the index ii to ensure that the all the members have paid requisite stamp duty. secondly you said that the owner of the land was a partnership firm and some partners are no more, in that case the signatures of the all the legal heirs is also required.

    If you ask for the time limit, it will take 3-4 months.

  • Adv. Ram Kutwal

    P. R. Mahadik,

    You can get done the Deemed Conveyance. The procedure is too vast to explain here. Appoint an Advocate or the project manager for the same.

    For more details please contact 9022701818, ramkutwal@gmail.com

  • P R Mahadik

    We have purchased a flat in 2006. Society is registered. But deemed conveyance is still pending.The builder is avoiding the same. Can we get help from Deemed conveyance scheme. If yes, what is the Process ?

  • Ashish singh

    Dear Sir,

    Our society is located at Mira road,our society has been register on 2001 but we haven’t get conveyance deed form builder, now he is saying to us he can’t make conveyance deed because the some partners are separated from the biz. and some got expired so he can give the signature where we want but he can’t bare the expenses for the same. Please tell me what is the procedure to do the conveyance deed not a {Deemed Conveyance} how much time & money it requires to done.So Please guide us on this.

    Thanks & Regards
    Ashish singh

  • Santosh

    Dear Sir,

    Our property located at Virar and society has been register at 2010. But Conveyance deed not done yat. For doing conveyance how much fees we have to pay to Govt.

    Regards
    Santosh.

  • Rahul

    Dear Sir,

    How much stam duty and registation fees for deemded conveyance. Is that value depend on registration while we buy flat. OR as on date.

  • Adv. Ram Kutwal

    Muraleedharan,

    If you have applied for the deemed conveyance, the Dy. Registrar must have told you to pay the requisite stamp duty and registration charges. The Dy. Registrar passes an order calling you to pay the stamp duty amount, registration charges with penalty.

    For more help please contact ramkutwal@gmail.com, Mob:- 9022701818

  • Adv. Ram Kutwal

    To,
    Balaji Doke,

    Please mention where is your flat.

    For more help please contact ramkutwal@gmail.com, Mob:- 9022701818

  • Adv. Ram Kutwal

    To,
    Chaturbhuj Jaju,

    You can get the deemed conveyance done. There is no bar on that. Stay from the BHC is with regard to not to create third party rights. Deemed conveyance does not amount creating 3rd party rights.

    For more help please contact ramkutwal@gmail.com, Mob:- 9022701818

  • Chaturbhuj Jaju

    Two flats in our society are under a stay due to a case pending in Mumbai High Court. The Society is duly registered. Can we get Deemed Conveyance with suitable restrictions on the transfer of those two flats.

  • balaji doke

    our scheme is in the limit of grampanchayat the builder constructed building he dos’nt formed society not made conveyance deed. nearly 15 years passed only agreement done and only tahasildar NA is taken my question is is it possible to do co-op socity or apartment deed please guide.there are 25 members. Further i would like to say plan is done for 5 guntha there are 12 one RK and 13 one bhk

  • poonamchand dave

    I shall be grateful if you could guide me on the following:

    My housing society is in the process of obtaining deemded conveyance. While checking the documents I find that my previous flat owner has registered his purchase agreement with the builder 25 years ago, but there is no proof of stamp duty payment. The documents are in plain paper and not in stamp paper. I suspect that he had not paid stamp duty. If that is the case, do I have to pay stamp duty for the purchase made by the previous ownder 25 years ago? The agreement value is Rs.1.38 lacs. What will be the duty & penalty if I have to pay. I heard from someone that the Maharashtra Government has amended the law and there is no need to pay previous agreement’s stamp duty if the current agreement is stamp-duty paid. Is that correct? Where can I get this amendment from?

    Looking forward to your help.

  • Muraleedharan P

    I shall be grateful if you could guide me on the following:

    My housing society is in the process of obtaining deemded conveyance. While checking the documents I find that my previous flat owner has registered his purchase agreement with the builder 25 years ago, but there is no proof of stamp duty payment. The documents are in plain paper and not in stamp paper. I suspect that he had not paid stamp duty. If that is the case, do I have to pay stamp duty for the purchase made by the previous ownder 25 years ago? The agreement value is Rs.1.38 lacs. What will be the duty & penalty if I have to pay. I heard from someone that the Maharashtra Government has amended the law and there is no need to pay previous agreement’s stamp duty if the current agreement is stamp-duty paid. Is that correct? Where can I get this amendment from?

    Looking forward to your help.