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There are mainly five steps/stages involved to complete the Conveyance of land and building in favor of the Society under Deemed Conveyance.
Relevant Documents Required for Deemed Conveyance Procedure
-Society Registration Certificate
-Property Card or 7/12 Extracts
-Building Approved Plan
-Copies of Agreement for Sale of flat purchasers
- Stamp Duty paid proof
- Non Agricultural Order
- ULC Order
-City Survey Map
-Architect Certificate about the utilization of FSI and the proportionate land entitlement Occupation Certificates
- Draft Conveyance Deed etc.
Application before Competent Authority
Make a written submission, attend the hearing, argue the case and obtain the Order
Preparation of Conveyance Deed
-Submit it before the Collector of Stamps to determine the payment of Stamp Duty along with the proof of payment of Stamp Duty by all individual flat purchasers including chain of Agreements and Registration Receipts
-Pay the deficit Stamp Duty, if any; and obtain the certified copy of the Conveyance Deed
Submit before the Sub-Registrar
For registration of the same under Indian Registration Act, 1908 by paying necessary registration fees and all relevant annexure. Obtain the original Conveyance Deed and also certified copy of Index II from the Sub-Registrar.
Apply to the City Survey Office
To incorporate the name of the Society in the Property Card or in 7/12 extract. The City Survey Officer or the Talati Officer shall carry out the necessary enquiry; carry out the survey and then make necessary changes in their record
Societies should take all efforts to get the Order of Deemed Conveyance from the Competent Authority as it is equivalent to the Civil Court Order and the Society shall get the legal rights over the land and the building
Thereafter, the builder or land owner cannot demand any money from the Society for Conveyance nor will the builder be able to utilise the additional FSI or TDR and carry out additional construction on such land. The Competent Authority as per MOFA is bound to give judgment within six months from the date of filling applications.
The payment of Stamp Duty, Registration Fees etc. can be done after obtaining the Deemed Conveyance Order. The Association has also represented before the Government to register Deemed Conveyance Deed and recovery of pending Stamp Duties separately from individual members and not to make Societies responsible for the same.