Deemed Conveyance

Deemed Conveyance

Deemed Conveyance is a legal concept in real estate law, particularly in India, that enables cooperative housing societies to obtain ownership rights of the land and building they occupy, even if the original builder or developer has failed to convey the title to them. It essentially allows the society members to take control of their property by transferring ownership from the builder or developer to the society.

Here's an overview of Deemed Conveyance:

  1. Background: In many cases, developers or builders fail to transfer the title of the land and building to the cooperative housing society after completing the construction. This leaves the society members in a vulnerable position, as they do not have legal ownership of the property they inhabit.
  2. Provisions of the Law: To address this issue, various state governments in India have introduced laws and provisions under the respective state cooperative societies acts to facilitate the process of Deemed Conveyance. These provisions empower cooperative housing societies to apply for deemed conveyance to assert their ownership rights over the property.
  3. Application Process: The process of obtaining Deemed Conveyance typically involves the following steps:The cooperative housing society submits an application to the concerned authorities, usually the District Deputy Registrar or the Competent Authority, seeking Deemed Conveyance.
    The application is supported by relevant documents, such as the society's registration certificate, building plan approval, occupancy certificate, and proof of payment of stamp duty and registration charges.
    The authorities verify the documents and conduct inquiries to ensure compliance with the legal requirements.
    Upon satisfactory verification, the authorities issue an order granting Deemed Conveyance to the society, thereby transferring the title of the property from the builder or developer to the society.
  4. Benefits: Obtaining Deemed Conveyance offers several benefits to the cooperative housing society and its members:Legal ownership of the property, providing security and protection of rights.
    Ability to undertake redevelopment or renovation projects without dependency on the builder.
    Enhanced market value of individual units within the society.
    Greater autonomy and control over the management and maintenance of the property.
  5. Challenges and Delays: Despite the legal provisions for Deemed Conveyance, the process can sometimes face challenges and delays due to bureaucratic procedures, legal complexities, and disputes with builders or developers. However, cooperative housing societies can seek legal assistance and advocacy to navigate these challenges and expedite the process.

In summary, Deemed Conveyance empowers cooperative housing societies to assert their ownership rights over the land and building they occupy, even in cases where the original builder or developer has failed to convey the title. It is an important legal mechanism that provides security and autonomy to society members and enhances the overall governance and management of cooperative housing societies.

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