Deemed Conveyance
Deemed Conveyance is a legal route under Maharashtra law that lets a housing society obtain title to the building's land directly from the District Deputy Registrar — even if the developer refuses to sign over the conveyance deed. It exists because thousands of Maharashtra projects have flats sold and registered, while the underlying land still legally belongs to the builder, leaving societies without redevelopment rights or land mortgageability.
What is Deemed Conveyance?
Deemed Conveyance is a legal mechanism under Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963 — reinforced by Section 17 of RERA, 2016 — that lets a co-operative housing society or apartment association obtain title to the land and building without the developer's signature. If the builder fails to execute a conveyance deed in favour of the society within four months of registration (or the timeline agreed in the sale agreement), the society can apply to the District Deputy Registrar of Co-operative Societies for a Deemed Conveyance order, which transfers ownership of the underlying land to the society directly.
Why it matters for property buyers
Until conveyance is executed, the developer remains the legal owner of the land your apartment sits on — even if you hold a registered Sale Deed for your individual flat. That gap creates four real-world risks: (1) the society cannot redevelop the building when it ages, (2) members cannot raise mortgages against the land share, (3) the developer can mortgage the unsold FSI or even the land to a bank without your knowledge, and (4) any unpaid builder dues to the corporation become a lien that travels with the land. In Maharashtra alone, over 56,000 housing societies are still without conveyance as of 2025 — most concentrated in Mumbai, Thane, and Pune.
How to verify or calculate it
- Ask the society secretary for the registered conveyance deed copy. If it does not exist, the project does not have conveyance.
- Check the 7/12 extract (Saat Baara) of the project land at the Talathi office or via
mahabhulekh.maharashtra.gov.in— the owner column must show the society's name, not the developer. - If conveyance is missing and four months have passed since society registration, file Form VII at the District Deputy Registrar's office with: society registration certificate, list of members, development agreement copy, sale deeds of at least 51% members, occupancy certificate, and approved building plans.
- The Deputy Registrar issues notice to the developer, holds a hearing, and passes a Deemed Conveyance order — typically within six months. The order is then registered at the Sub-Registrar's office on payment of stamp duty (currently 5% of land value in Mumbai and Thane).
How Brickplot uses Deemed Conveyance in its score
Conveyance status feeds directly into Brickplot's Legal / RERA Compliance axis (16 out of 100 points). For Maharashtra projects older than five years, we check whether the Sale Deed or society records show conveyance executed. Projects where the society has been forced to file for Deemed Conveyance — or where conveyance is still pending past the statutory window — receive a 1.5-point deduction on the Legal axis, because the underlying land title risk is real and material to resale value.
Related terms: Sale Deed, Occupancy Certificate, Parent Deed
Related terms
Brickplot verifies deemed conveyance disclosures on every reviewed project as part of the independent 11-axis score. No builder commissions. No editorial override.