A Mumbai housing society that had paid the builder in full years earlier discovered in 2026 that it still did not own the land under its own building. The builder had never executed the conveyance, quietly holding on to the title, and with it the development rights over the plot. This is not a rare oversight. Across Maharashtra, thousands of societies live in buildings whose land they do not legally own, because the promoter never conveyed it. Deemed conveyance is the law's answer, letting a society take the title into its own name even when the builder will not cooperate.

The short answer. Deemed conveyance is a document that transfers the title of the land and building into the housing society's name, used when the builder has not conveyed ownership of the land to the society. Maharashtra amended Section 11 of the Maharashtra Ownership Flats Act, 1963, through Maharashtra Act 4 of 2008, to let a cooperative housing society obtain this conveyance unilaterally through a Competent Authority. If no period is agreed, the promoter must convey within four months of the society's registration. The trade-off is that deemed conveyance is a real, powerful remedy, but it is a formal legal process with an application, a hearing and a six month decision window, not an overnight fix.

The anchor fact for a Mumbai society in 2026 is that until the land is conveyed, the society does not hold a free and marketable title to its own plot, even after paying full consideration. Deemed conveyance in Maharashtra is therefore the route by which a society finally secures the ground beneath its building.

What is deemed conveyance and why does a society need it?

Deemed conveyance is a document that transfers title of the land and building into a housing society's name when the builder has not conveyed it. In an ordinary sale, the promoter is expected to convey the land and building to the society once it is formed, so that the members collectively own the ground their flats sit on. When that conveyance does not happen, the society is left owning its flats but not the land, which is a weak and incomplete form of ownership. Builders often withhold conveyance to retain additional floor space index, or FSI, and the redevelopment benefits that come with controlling the plot. Until proper conveyance is executed, the society does not hold a free and marketable title to its land, even after paying the full consideration, which is exactly why the law provides a route for the society to force the issue on its own.

Which law allows a society to obtain it unilaterally?

The Maharashtra Government amended Section 11 of the Maharashtra Ownership Flats Act, 1963, known as MOFA, to let a cooperative housing society obtain a unilateral deemed conveyance when the builder fails to convey. The enabling sub sections, together with the Competent Authority provision, were inserted by Maharashtra Act 4 of 2008, which is what gave societies this self help remedy. The authority that grants deemed conveyance is the Competent Authority, an officer not below the rank of the District Deputy Registrar of Cooperative Societies, appointed by the State Government by notification in the Official Gazette. So the process does not depend on the builder's consent, and it does not require the society to win a long civil suit, because the law created a dedicated authority to grant the conveyance where the promoter has defaulted. Our guide to self redevelopment for Mumbai housing societies explains why holding clear title matters so much for a society's future.

How long does the builder have to convey?

If no period for conveyance is agreed, the promoter must execute the conveyance within four months from the date the cooperative society or company is registered, under Rule 9 of the MOFA Rules, 1964. This four month rule is the benchmark against which a builder's delay is measured, and once it passes without conveyance, the society's right to pursue deemed conveyance is engaged. Separately, for a project registered under the real estate regulator, the framework points to a conveyance timeline tied to the occupancy certificate. The table below sets out the key elements of the deemed conveyance process a Mumbai society should understand.

Treat the table as the statutory skeleton, and confirm the current forms and portal steps on the official deemed conveyance system before you file.

How does a society apply for deemed conveyance?

If the promoter fails to convey within the prescribed period, the members of the society may apply in writing to the Competent Authority, enclosing true copies of the registered agreements for sale of each member and all other relevant documents, including the occupation certificate if any, for a certificate of entitlement to a unilateral deemed conveyance. The application is made in the prescribed Form VII under Rule 12 of the MOFA Rules, before the Competent Authority, bearing a court fee stamp of 2,000 rupees. A society can also apply online through Maharashtra's Online Deemed Conveyance Management System, run by the Department of Cooperation, where the Competent Authority scrutinises the application online and schedules the hearing, with email and message notifications to stakeholders. Beyond the registered agreements for sale, the supporting documents typically required include the society's registration certificate, the property card or extract and survey plan, approved building plans, the list of members, and a title or search report, so a society should confirm the full checklist on the official portal.

What does the Competent Authority do, and how is it registered?

The Competent Authority must decide within a reasonable time, and in any case not later than six months, after making an enquiry, verifying the authenticity of the documents and giving the promoter a reasonable opportunity of being heard. On being satisfied that it is a fit case, it issues a certificate to the Sub-Registrar. On submission of that certificate together with the unilateral instrument of conveyance, the Sub-Registrar issues summons to the promoter to show cause and, after giving both sides a hearing, may register the instrument as a deemed conveyance. So there are two stages, the Competent Authority granting the entitlement certificate, and the Sub-Registrar actually registering the conveyance, each with its own hearing. This structure is what lets the conveyance happen unilaterally while still giving the builder a chance to be heard, which is what makes the eventual title robust and hard to challenge later.

How does RERA fit with deemed conveyance?

For a project registered under the real estate regulator, where the promoter fails to execute a registered conveyance deed in favour of the allottees or their association, the allottees or association are entitled to a unilateral deemed conveyance by applying to the Competent Authority under the same Section 11 procedure. Under the MahaRERA rules, where no conveyance period is agreed, the promoter is to execute the conveyance of title within three months from the date the occupancy certificate is issued. So a newer, RERA registered project has a conveyance timeline pegged to the occupancy certificate, while the older MOFA four month rule runs from the society's registration. Because the interaction between the two timelines can depend on the specific project, a society should treat both as reference points and confirm which applies to its case rather than assuming one overrides the other in every situation. Our guide to the MahaRERA portal for Mumbai buyers covers the regulator's systems.

What should a society do to secure its title?

A society chasing deemed conveyance should approach it as a documented legal process. Work through this checklist.

1. Confirm whether the builder ever executed the conveyance, and how long it has been since the society was registered.
2. Gather true copies of every member's registered agreement for sale.
3. Collect the society's registration certificate, the property card or extract, the approved plans and a title report.
4. Include the occupation certificate if the society has one, noting the law requires it only if available.
5. File the application in Form VII before the Competent Authority, with the 2,000 rupee court fee stamp.
6. Use the official Online Deemed Conveyance Management System and confirm the current document checklist there.
7. Follow the matter through the Competent Authority hearing and the Sub-Registrar registration stage.

What is deemed conveyance and which law allows a society to obtain it?

Deemed conveyance is a document that transfers title of the land and building into a housing society's name when the builder has not conveyed it. Maharashtra amended Section 11 of the Ownership Flats Act, 1963, through Act 4 of 2008, letting a society obtain this conveyance unilaterally through a Competent Authority.

Who is the Competent Authority that grants deemed conveyance in Mumbai?

The Competent Authority is an officer not below the rank of District Deputy Registrar of Cooperative Societies, appointed by the State Government by notification. Societies can apply through Maharashtra's Online Deemed Conveyance Management System, where the Competent Authority scrutinises the application online and schedules a hearing before deciding the case.

How long does the builder have to convey, and what if the builder fails?

If no period is agreed, Rule 9 of the MOFA Rules, 1964 requires the promoter to convey within four months of the society's registration. If the builder fails, members may apply to the Competent Authority, which must decide within six months after hearing the promoter and, if satisfied, issue a certificate.

What must a society file for deemed conveyance, and what does it cost?

The application is made in the prescribed Form VII under Rule 12, with a court fee stamp of 2,000 rupees, before the Competent Authority. It must enclose true copies of members' registered agreements for sale and other relevant documents. Confirm the full document checklist on Maharashtra's official deemed conveyance portal before filing.

Last updated 2026-07-07. PropNewz Team.