Deemed conveyance: how societies claim land when the developer won't
Thousands of housing societies across Maharashtra occupy buildings whose land they do not legally own. The developer was meant to convey title and never did. Deemed conveyance is the statutory answer.
Why conveyance matters
Until conveyance, the society cannot fully control its own land — which affects redevelopment, additional FSI, and the members' security of tenure. Conveyance transfers the land and building from the promoter to the society.
The deadline the promoter must meet
Where no period is agreed, conveyance of the structure must be executed within three months from the date on which 51% of the total purchasers in that building or wing have booked their apartment. When the promoter defaults, the society can apply for deemed conveyance before the Competent Authority.
How the process runs
- Assemble the title chain, approvals and society records.
- Issue notice to the promoter and file the application before the Competent Authority.
- Attend the hearing and obtain the deemed-conveyance order and certificate.
- Register the unilateral conveyance and update land records.
The paperwork is the hard part; the outcome is worth it — a society that finally owns what its members paid for.
More reading
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Phasing a project under RERA: registering by phase, not by tower
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