Secure Property Ownership with Deemed Conveyance

by  Adv. Deepak Pandey  

5

5

  

3 mins

  

deemed conveyance

Introduction

  • Deemed conveyance is a legal provision under Indian law that allows the transfer of ownership of immovable property from the builder or developer to the cooperative housing society or the apartment owners’ association, even if the builder or developer has not executed the conveyance deed.
  • The deemed conveyance provision was introduced to protect the interests of flat owners who were facing difficulties in getting the conveyance of their properties from the builders or developers. The provision enables the cooperative housing society or the apartment owners’ association to acquire the property title and become the rightful owner of the land, building, and common areas. Deemed conveyance can be obtained through a legal process by following the prescribed procedures and submitting the necessary documents to the competent authorities.

People Also Read: Property Document Verification in India

What is Building Conveyance?

Building conveyance is the process of legally transferring ownership of a building from the builder or developer to the individual flat or apartment owners or to the housing society as a whole. The process involves obtaining a conveyance deed or a deemed conveyance, which provides legal protection to the property and ensures that the owners have full ownership and control over their individual units or the entire building. The building conveyance process varies depending on the state or region, and it is advisable to consult a legal expert or a qualified professional for guidance and assistance.

Master The Fine Art Of Property Transfer With Our Expert-Guiduance On Conveyancing

What is Society Conveyance Deed?

  • A society conveyance deed is a legal document that transfers the ownership of immovable property, such as land or building, from the builder or developer to the cooperative housing society or the apartment owners’ association. The conveyance deed is executed after the completion of the construction and registration of the property.
  • The society conveyance deed is an important document that establishes the society’s ownership over the land, building, and common areas, and it is required for any subsequent property transactions or redevelopment projects. The deed typically contains details of the property, such as its location, size, boundaries, and ownership, and is signed by both the builder or developer and the society’s authorized signatories.
  • It is important for the society members to ensure that the society conveyance deed is executed and registered in a timely manner, as it provides legal protection to the property and helps to prevent disputes or litigation in the future. The process of obtaining the society conveyance deed can vary depending on the state or region, and it is advisable to consult a legal expert or a qualified professional for guidance and assistance.

People Also Read: Navigating Your Property Purchase: Freehold vs. Leasehold Insights

What are the Documents required for a Society Conveyance Deed?

The specific documents required for a society conveyance deed may vary depending on the state or region where the property is located, but some common documents include the following:

  • Original sale deed executed between the builder or developer and the landowner
  • Approved building plan and occupation certificate issued by the local authorities
  • Society registration certificate and bylaws
  • Society resolution to obtain conveyance of the property
  • Affidavit of society members and the society’s authorized signatories
  • No objection certificate from the society’s lender, if applicable
  • Copies of the property card and 7/12 extract
  • Latest property tax receipt and electricity bill
  • Architect’s certificate stating that the building is constructed as per the approved plan and specifications
  • Completion certificate and occupancy certificate issued by the local authorities.

    Confused About Conveyancing? Trust Our Property Consultation Experts To Guide You!

What is a Housing Society Conveyance Deed?

The housing society conveyance deed in India is a legal document that transfers the ownership of immovable property, such as land or building, from the builder or developer to the cooperative housing society or the apartment owners’ association. The deed is executed after the completion of the construction and registration of the property.

To obtain a housing society conveyance deed in India, the society members must follow the prescribed legal procedures and submit the necessary documents to the competent authorities. The process typically involves the following steps:

  1. Conduct a title search of the property to ensure that there are no encumbrances or legal disputes.
  2. Obtain the consent of all the society members and appoint a society representative to execute the conveyance deed.
  3. Draft the conveyance deed, including details of the property, ownership, and terms and conditions of the transfer.
  4. Get the deed executed by the builder or developer and the society representative, and have it registered with the local sub- registrar’s office.
  5. Obtain certified copies of the conveyance deed and other relevant documents, such as the property card and the 7/12 extract.

It is important for the society members to ensure that the housing society conveyance deed is executed and registered in a timely manner, as it provides legal protection to the property and helps to prevent disputes or litigation in the future. 

What is the Conveyance Deed of the Flat?

A conveyance deed of a flat is a legal document that transfers ownership of a flat from the builder or developer to the individual flat buyer. The conveyance deed is executed after the completion of the construction of the building and registration of the property.

The conveyance deed typically includes details such as the name of the builder or developer, the name of the buyer, the flat number, the total area of the flat, and the terms and conditions of the transfer. The document also includes any relevant encumbrances or restrictions on the property.

To obtain a conveyance deed of a flat, the buyer must follow the prescribed legal procedures and submit the necessary documents to the competent authorities. The process typically involves the following steps:

  1. Conduct a title search of the property to ensure that there are no encumbrances or legal disputes.
  2. Obtain the NOC (No Objection Certificate) from the builder or developer and the society, if applicable.
  3. Draft the conveyance deed, including all relevant details and terms and conditions of the transfer.
  4. Get the conveyance deed executed by the builder or developer and the buyer, and have it registered with the local sub- registrar’s office.
  5. Obtain certified copies of the conveyance deed and other relevant documents, such as the property card and the 7/12 extract.

What is Conveyance Certificate from Builder?

A conveyance certificate is a legal document issued by the builder or developer of a housing project that certifies the transfer of ownership of the land and building to the housing society. This document is required for the society to obtain a conveyance deed and full ownership of the property. The conveyance certificate includes details such as the date of completion of the project, the name of the builder or developer, and the area of the land and building.

People also read: Know more about Conveyancing and Conveyance Deed

Need Help Drafting A Conveyance Deed? Speak With Our Legal Experts For Assistance

Conclusion

In conclusion, Deemed Conveyance in India is a legal provision that allows the transfer of ownership of a property from the builder to the society or the association of the flat owners. It provides various benefits, such as ownership rights, the ability to carry out redevelopment projects, and protection against legal disputes. While the process of Deemed Conveyance can be complex and time-consuming, it is a valuable legal tool that enables property owners to secure their rights and protect their investments.

Frequently asked questions about Sale Deeds and Conveyance Deeds in India

Q 1. What is Deemed Conveyance in India?

Ans. Deemed Conveyance is a legal provision in India that allows the transfer of the title of ownership of a property from the builder to the society or the association of the flat owners.

Q 2. Who can apply for Deemed Conveyance in India?

Ans. The society or the association of the flat owners can apply for Deemed Conveyance in India.

Q 3. What is the procedure for applying for Deemed Conveyance in India?

Ans. The procedure for applying for Deemed Conveyance in India involves submitting the necessary documents, including the building plan, occupation certificate, and property card, to the concerned authorities.

Q 4. What are the benefits of getting Deemed Conveyance in India?

Ans. The benefits of getting Deemed Conveyance in India include ownership rights, the ability to carry out redevelopment projects, and protection against legal disputes.

Q 5. Is it necessary to hire a lawyer for the Deemed Conveyance process in India?

Ans. While it is not necessary to hire a lawyer for the Deemed Conveyance process in India, it is recommended to do so as it can help to ensure a smooth and hassle-free process.

Q 6. How long does it take to complete the Deemed Conveyance process in India?

Ans. The duration of the Deemed Conveyance process in India depends on various factors, such as the complexity of the case and the efficiency of the concerned authorities. It can take anywhere between 6 months to a year or more.

Deemed Conveyance is a valuable legal tool that enables property owners to secure their rights and protect their investments. Seek the help of a property lawyer to know various benefits and resolve legal disputes.

Adv. Deepak Pandey

Adv. Deepak Pandey

5

5 | 150+ User Reviews

Deepak Pandey offers legal consultancy and advisory services with a keen emphasis on ethical and professional conduct to achieve favourable results. He has 5 years of experience in handling legal cases. As a result of his strong communication skills, Deepak is able to present his clients' cases with clarity and persuasion.

See more...

Talk to Lawyer

Avail 80% discount


Related Articles

TOP

ezyLegal

Get Useful tips and Product info


Our Company

ezyLegal is for the people who are determined to succeed, the goals that motivate them, the loved ones who inspire them. We are for technology that makes it easy, lawyers and accountants who make it seem effortless. For the many people who want to start a business, for the many families who depend on them, for the many ideas they need to protect, we are ezyLegal, with you, every step of the way.

Chat with a Legal Expert

lawyer picEva

Hi there 👋!

Hi there 👋!

How can I help you?

lawyer pic