The builder never conveyed the land: what can the society do?
Thousands of societies in Maharashtra still do not own the land their buildings stand on, years after the last flat was sold. There are four legal routes to fix that. Which one fits depends on the project and on what the society wants out of it.
The short answer
- The builder (promoter) is bound to convey his title in the land and building to the society — within the period in the flat agreements or, if none, within the period prescribed under MOFA (Section 11). For RERA projects, Section 17 of RERA imposes the same duty.
- Deemed conveyance under Section 11 of MOFA lets the society get the conveyance without the builder’s co-operation, through the District Deputy Registrar. For most societies, this is the main route.
- A consumer complaint can add compensation and directions against the builder; a RERA complaint suits newer, registered projects; a civil suit is the slowest and is kept for complex title disputes.
- Where a single building has used the FSI of the whole plot, the society is entitled to the entire land, not a proportionate slice (Bombay HC, 2026).
Why conveyance matters
Until conveyance is executed, the land usually remains in the name of the original owner or the developer, even though every member has paid for his flat. The society cannot freely redevelop, use the remaining FSI or TDR, raise a loan on the property, or deal with authorities as owner. Old landowners die, their heirs scatter, and the documents get harder to trace. The longer a society waits, the harder conveyance becomes.
The builder’s duty
Under Section 11 of the Maharashtra Ownership Flats Act, 1963 (MOFA), the promoter must take all steps to complete his title and convey to the society his right, title and interest in the land and building, in accordance with the agreements with the flat purchasers, and hand over the title documents. Where the agreements fix no date, the MOFA Rules generally require conveyance within four months of the society’s registration. For projects registered under RERA, Section 17 of the Real Estate (Regulation and Development) Act, 2016 requires the promoter to execute a registered conveyance in favour of the allottees’ association, with the common areas, within the period under local law — and, failing that, within three months of the occupancy certificate — and to hand over documents and plans.
Four routes
| Route | Where | What it gives the society | Best suited to |
|---|---|---|---|
| Deemed conveyance (Section 11, MOFA) | District Deputy Registrar, as competent authority | An order and certificate, then a conveyance deed executed on the builder’s behalf, registered, and mutated in the land records — without the builder’s signature | Most societies, old or new, where the builder or landowner will not or cannot sign |
| Consumer complaint | Consumer Commission (district, State or national, by value) | Directions to convey and hand over documents, plus compensation and costs; failure to convey is a deficiency in service | A builder who can still be made to act, where the society also wants compensation |
| RERA complaint | MahaRERA | Directions under Section 17 and the other obligations of a registered promoter | Projects registered under RERA |
| Civil suit | Civil court | A decree for specific performance of the conveyance obligation | Complex title disputes, or where other remedies are not available |
The routes are not mutually exclusive, but they should not be run at cross-purposes. In Sterling Centre Premises CS (2023), for example, a consumer commission directed a developer to convey the land and hand over the original documents within three months, and awarded compensation and costs, decades after the members had moved in.
Deemed conveyance in brief
The society’s general body authorises the application; the society serves a legal notice on the builder and the landowners; and it then applies to the District Deputy Registrar with the documents listed in the Government’s GR of 22 June 2018. All the holders on the 7/12 or property card are made parties and heard. If the claim is made out, the competent authority issues an order and certificate; the conveyance deed is then adjudicated for stamp duty where needed, registered before the Sub-Registrar, and the society applies to have its name entered in the property card or 7/12. Only then is the process complete. Our deemed conveyance guide has a documents checklist.
How much land?
This is where many applications go wrong. In a layout with several buildings, the 2018 GR provides for a proportionate share of the land, with open spaces and common amenities. But where a single building has used the FSI of the entire plot, the Bombay High Court has held that the whole land must be conveyed to the society, and set aside a “proportionate” order that left part of the plot with the landowner (Radha Vallabh CHS, 2026). Societies should check how the area has been worked out before accepting any order.
What to do, step by step
- Collect the documents: the 7/12 or property card, the society’s registration certificate, the list of members, one registered flat agreement and Index II for all flats, the sanctioned plans and the commencement and occupancy certificates, and whatever title documents the society can trace.
- Pass a resolution in the general body authorising the application and the persons who will sign.
- Serve a legal notice on the builder and the landowners calling on them to convey.
- Choose the route: usually deemed conveyance; consider a consumer or RERA complaint as well if the builder is still active and the society wants compensation or other obligations enforced.
- Follow through to registration and mutation. A certificate that is never registered, or a registered deed never entered in the land records, leaves the job half done.
Related on this site
This post is general information, not legal advice. Bye-law numbers refer to the 2014 model bye-laws; check your society’s registered bye-laws. Every case turns on its own facts.
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