Conveyance

Querist : Anonymous (Querist) 24 August 2023 This query is : Resolved
Hello sirs,
my clients is a 40 years old co-op society and in need of conveyance to redevelop the property. The legal heirs of the landlord are ready to co-operate for the same. under the circumstances how to get the conveyance.

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This discussion explores the process of property conveyance for a 40-year-old co-operative society seeking redevelopment. It explains that conveyance typically involves transferring land ownership from the original landowner to a developer, who then executes a Conveyance Deed to transfer ownership of buildings to buyers. The thread also details the concept of a 'Deemed Conveyance Deed' for situations where developers fail to execute the required deed, outlining the application process and necessary documents for obtaining one.

T. Kalaiselvan, Advocate (Expert) 25 August 2023
The ownership of the land is first transferred from the original landowner to the developer. With their newly acquired rights over the land, the developer can now develop society on this land.
To transfer the ownership of the whole land and the buildings standing on it to the respective buyers, the developer must execute Conveyance Deed
In practice, members of housing societies often have trouble getting developers to execute Conveyance Deeds for their buildings. In such cases, some states allow the members of the housing society to request the State Government to provide them a Deemed Conveyance Deed.
Once the State Government provides a Deemed Conveyance Deed, although the developer has not really executed the required Conveyance Deed, the law will consider that it has been executed.
If your state allows you to obtain a Deemed Conveyance Deed, you have to file an application for this purpose before the competent authority, supported by the required documents. The authority will usually hear both the parties and pass a reasoned order. Accordingly, they will either accept or reject your application. If they accept the application, you will be able to obtain the Deemed Conveyance Deed. The documents typically required to obtain a deemed conveyance deed are:

Relevant land records, such as municipal records, land revenue records, etc.

Copy of development agreement between landowner and builder.

Copies of registered and stamped agreements of each flat

Approved building plan.

P. Venu (Expert) 29 August 2023
The facts, as posted, lack clarity. Please post complete facts. Is it a Housing Cooperative Society? If so, in the absence of due conveyance, how the property is vested with the Society?

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