Conveyance deed in maharashtra11/25/2023 ![]() “So far, we have spent around ₹40,000 per member, including consultant’s fee, despite all members having paid stamp duty. (Samson Tupdal/HT Photo)Ĭonsultants and advocates dealing with housing society issues can help ease the process for the CHS, but that will add to the cost. All this costs money,” Sampat says “Primarily, societies are unaware of the importance of conveyance deeds,” said Pankaj Jebale, DDR for cooperative societies, Mumbai, who attributes the lukewarm response to a lack of awareness. And if the builder challenges the DC order in courts, it will prolong the case further. If there are differences in the area mentioned in the approved plan and in the document lodged for registration, the CHS will have to execute a deed of rectification. “Thereafter one has to apply to the city survey office to get the property card transferred in the society’s name. The society then has to approach the Collector of Stamps and pay the stamp duty, then meet the sub-registrar and get the conveyance deed registered,” says advocate Vinod Sampat, president of the Co-operative Societies Residents Users and Welfare Association. “After a favourable order from the DDR, the conveyance deed is executed. The CHS has to collect 20-odd documents just to apply. While the process followed by DDRs may be as simple and inexpensive as Jebale says, it is the pre- and post- paperwork that takes up time and effort. There is a misconception that it is a lengthy and expensive process, which it is not,” he adds. Nor do they understand the process to be followed. Second, they do not have the required documents. “Primarily, societies are unaware of the importance of conveyance. Pankaj Jebale, DDR for cooperative societies, Mumbai (3), attributes the lukewarm response to a lack of awareness. But according to Prabhu, against pending conveyance of around 60,000 societies across Maharashtra, only about 6,000 have applied for DC. To prevent potential misuse of such rights, the government introduced Deemed Conveyance. In the absence of a conveyance deed, these rights rest with the developer or landowner. ![]() ![]() It also allows the CHS to raise loans for repairs by mortgaging the property and to have a say in redeveloping the building. Failing to understand the complexities involved, CHS office-bearers often stop the process midway,” says Ramesh Prabhu, chairman of the Maharashtra Societies Welfare Association (MSWA).Ī Conveyance Deed transfers land ownership from the developer or previous land holder to the cooperative housing society, giving the latter the right to use any notional floor space left over after construction, or any additional floor space, directly or via Transfer of Development Rights. Hence it still takes one to two years for a CHS to secure deemed conveyance. “This is because all other conditions remain the same, and this includes approaching four different departments to complete the process. However this relaxation has had little impact on the number of applications, which continues to be low. In 2017, the government relaxed the rule on the need to submit an Occupancy Certificate. Under this provision, a society without conveyance could apply to the Deputy District Registrar (DDR) of Co-operative Societies, who after verifying the documents submitted and hearing both the society and the developer will, if justified, pass an order conveying the land in favour of the CHS. The government introduced Deemed Conveyance (DC) in 2008 and published the rules in 2010. However, many CHS in Mumbai haven’t applied for it.(Pramod Thakur/HT Photo) A Conveyance Deed transfers land ownership from the developer or previous land holder to the cooperative housing society. It’s been nearly two years since the Maharashtra government relaxed the rules on deemed conveyance, allowing cooperative housing societies to apply for DC, even in the absence of an Occupancy Certificate.
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