Deemed conveyance of society land

Raphy J Chungath (Querist) 21 April 2012 This query is : Resolved
What is the procedure for obtaining Deemed Conveyance, when builder not cooperating?

Is it a high cost affair?

What is the fees to be paid to government?

Raphy J Chungath
Vasai Road
Maharashtra

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ajay sethi (Expert) 21 April 2012
There are five stages to complete the Conveyance of land and building in favour of the Society even under Deemed Conveyance.

Collect the relevant Documents such as Society Registration Certificate, Property Card or 7/12 Extracts, Building Approved Plan, Copies of Agreement for Sale of flat purchasers, Registration Receipts, Stamp Duty paid proof, Non Agricultural Order, ULC Order, Search Report, Layout Plan, City Survey Map, Architect Certificate about the utilization of FSI and the proportionate land entitlement Occupation Certificates, Draft Conveyance Deed etc.

Make an application before Competent Authority, make a written submission, attend the hearing, argue the case and obtain the Order.

Prepare a Conveyance Deed and submit the same before the Collector of Stamps for determining the payment of Stamp Duty along with the proof of payment of Stamp Duty by all individual flat purchasers including chain of Agreements and Registration Receipts. Pay the deficit Stamp Duty, if any; and obtain the certified copy of the Conveyance Deed.

Submit before the Sub-Registrar for registration of the same under Indian Registration Act, 1908 by paying necessary registration fees and all relevant annexure. Obtain the original Conveyance Deed and also certified copy of Index II from the Sub-Registrar.

Apply to the City Survey Office or Talati Office to incorporate the name of the Society in the Property Card or in 7/12 extract. The City Survey Officer or the Talati Officer shall carry out the necessary enquiry; carry out the survey and then make necessary changes in their record.