Government resolution · Co-operation Department · 22.06.2018

Deemed conveyance in four stages: the 2018 procedure

The Government resolution of 22 June 2018 sets out the complete procedure for unilateral deemed conveyance — the application, the documents, how the competent authority decides, stamp duty adjudication, registration and mutation.

Issued byGovernment of Maharashtra, Co-operation, Marketing & Textile Department

GRSaGruYo-2017/Pra.Kra.192/14-S

Date22.06.2018

LanguageEnglish

Open the GR (PDF, 17 pages)

Key points

Four stages: application to the District Deputy Registrar → stamp duty adjudication → registration → mutation in the 7/12 or property card.
The application is in Form VII with a ₹2,000 fee, filed online and offline, with copies to the Collector of Stamps.
Where no FSI is balance and all flat agreements were duly stamped, the conveyance can be registered directly at ₹100 per flat stamp duty, without adjudication.
The Collector of Stamps must decide adjudication within 30 days of a complete application.

Why the GR was issued

Sections 10 and 11 of MOFA allow a society to obtain unilateral deemed conveyance through the competent authority (the District Deputy Registrar, or the Joint Registrar for CIDCO areas). The documents required under earlier GRs were difficult to obtain. The number was reduced from 12 to 8 in 2016, and this GR brings the whole procedure into one document, superseding the circulars of 29.04.2014 and 07.06.2014.

Stage 1: the application

Online, with: Form VII; the society’s registration certificate; the general body resolution; property card or 7/12 extracts not older than three months; the list of flat owners; the legal notice served on the promoter; commencement and occupation certificates (or, without an OC, a self-declaration accepting responsibility and undertaking to apply for one); the ₹2,000 fee; and a self-declaration that the documents are true. Offline, the hard copy with one member’s registered agreement and Index II, and the approved layout plan.

How the competent authority decides

All holders on the 7/12 and property card, and other societies on the same layout, must be made parties and given hearing notices under Rule 13(2).
Where several buildings on one plot have separate societies and some are incomplete, the completed building’s society gets an undivided share in proportion to its construction (or ground coverage or plinth), with open spaces, common amenities and roads.
Where TDR is used, conveyance is according to plinth and appurtenant area; where other societies do not co-operate, the applicant can get the area measured by a panel architect.
Where the developer left the project incomplete hoping for more FSI or TDR, conveyance is given for the flats built as per the approved plan.
The order must record the society’s undivided rights in common easements, in proportion to its construction.

Stages 2–4: stamp duty, registration, mutation

If the deed states that no FSI is balance (with a current architect’s certificate), and all flat agreements were duly stamped, the society can go straight to the Sub-Registrar and pay ₹100 per flat; the Collector of Stamps checks it afterwards. Otherwise the draft deed is adjudicated by the Collector of Stamps, who must decide within 30 days of a complete application; flat owners whose agreements were not stamped must pay their share of duty, which the society may collect. The Sub-Registrar is to register the deed within one day. The society then applies to the City Survey Officer or Talathi to enter its name in the property card or 7/12 — the procedure is complete only then.

Note on single-building plots

The proportionate-share rule above is for layouts with several buildings. The Bombay High Court has held that where a single building uses the FSI of the whole plot, the whole land must be conveyed — see the Radha Vallabh case note.

Have a question about your society?

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