january 2021 vol. 14 issue 10 total pages : 44 price: rs. 25/-...unit no 20,4 floor, atlanta estate,...

January 2021 Vol. 14 Issue 10 Price: Rs. 25/- Total Pages : 44

MSWA’s Housing Societies Review 03 January 2021

MSWA’s Housing Societies Review 04

For General Housing Societyrelated queries, Contact MSWAoffice at Tel.: 022-42551414

E-mail : [email protected]

Views expressed in this Magazine are of the authors & MSWA is not Responsible for its Contents.

Circulate among Friends and other members of the Society

PRINTED ATMaya Print Art, 16, Hanuman Indl. Estate, G.D. Ambekar Marg, Wadala, Mum - 31

MOST IMPORTANT

H.O. : 022 - 42551414 Mob.: 09820106766/68E-mail : [email protected]

Free(S) Rs. 2360/-(I) Rs. 1180/-

::

For MembersAnnual Membership(Society) & (Individual)

MANAGING EDITORS

Mr. V. Viswanathan 9890187344

EDITORIAL BOARD

Mr. Naresh Pai

CA. Vishal Gala

Adv. Arun Bendkhale

9823911027

9850822472

9819513758

02242551414

A-2/302, Laram Centre, Near

Bus Depot, Opp. Andheri Rly. Stn.

Andheri (W), Mumbai - 58.

(Pay & Parking Available in the Compound )

CONTENT Page

Registration with RERA No. - Guarantee Project.... 06,

Structural Audit - What one Should Know? 10,

Transfer of Interest on Death of member 14

MahaRERA Ask builder to Cough up Rs. 1 Crore 18,

Difference Between RWAs and CHSL 20,

EDITORIAL

are not Honoured by the Advertisers.”

January 2021

Dear friends,

Wish you all a happy, healthy and prosperous new year 2021.

New year will be full of energy and enthusiasm after fighting Covid 19 successfully. By the time this special issue reaches your hand, the government may approve the vaccine. The economy is also improving and the government is taking all necessary steps for revival of the economy. To boost the demand for real estate sector, the Govt. reduced stamp duty between

stSeptember, 2020 to 31 March, 2021. Further the Govt. has decided to reduce the premium on FSI by 50% for the full year 2021 This will promote the redevelopment of CHS.

The cooperative department has taken a proactive steps to reach the societies to obtain the deemed conveyance thereby become the owner of the land and building. This a special drive for Deemed Conveyance awareness is

st thlaunched between 1 January, 2021 to 15 January, 2021 under the able leadership of Hon'ble Shri. Anil Kawade, IAS, Commissioner for cooperation and registrar of Cooperative societies, Maharashtra State, Pune.

We are thankful to Shri. Abhishek Ghosalkar, Director Mumbai Bank for your Association by authoring this special edition. Your Association has decided to continue this drive for the full year 2021 by conducting regular webinars, seminars, meetings. You may contact association office on 022-42551414/32/25 for arranging a special meeting in your society free of charge. The Association will provide required guidance to the society throughout the year from 10am to 6pm.

Book on deemed conveyance in Marathi & English is also available at the association office. You may download the necessary GR from Association website: www.mahasewa.org.

With regards

CA. Ramesh Prabhu, Chairman, MahaSewa.,

http://www.mahasewa.org


AdviceConsultantsCONSULTINGCIVIL/STRUCTURALENGINEERSARCHITECTS:BUILDINGREPAIRS&HERITAGE

CONSERVATIONSTRUCTURALAUDITWITHOWNN.D.T.EQUIPMENTS

Cell:- 09321177022

B.M.C. Str. License STR/P/127, N.M.M.C./S.E./TPO/125, Navi Mumbai. M.B.M.C. for Mira Bhayandar Corporation License

MBMC/STR/4174/35-2016-17, KDMC for Kalyan Dombivali Municipal Corporation License KDMC/STR/546, TMC for Thane Municipal

Corporation License TMC/1122/SE/2016, PMC for Panvel Municipal Corporation License CARPC/R/2018/APL/00098.

1. Rebound hammer test for surface strength or concrete

2. Ultra-sonic pulse velocity test for: soundness of concrete

3. Half-cell potential meter for reinforcement corrosion extent

4. Moisture meter test for leakages source detection of Plumbing /

moisture % in wood

5. Crack width microscope, Rebar locator for reinforcement

/embedded pipe location checking.

6. Core cutting of concrete to check compressive/tensile Strength of

concrete at laboratory on Extracted specimen Chloride, Sulphate,

PH & carbonation testing.

7. Pull out bond test on concrete.

8. CBR Test on soil

9. Cement Aggregate radio.

10. Metal hardness tester.

11. Elcometer for checking coating film thickness on ferrous/

Nonferrous metal.

12. Metal crack detection.

13. PROFOMETER 5+, Imported to check diameter spacing Of

embedded reinforcement without breaking & concrete cover depth

14. Thermal Imaging for leakage detection.

thUnit no 20,4 floor, Atlanta Estate, Shivneri Marg Off Western Express highway, Goregaon (E), Mumbai - 63. Tel.- 022- 29270094, Tele Fax:- 2927240201, Shiv Leela Apartment, Sector-19 C, Plot No.1017/001, Nr. Sai Holy Faith High School, Kopar khairane ,Navi Mumbai – 400709. Ph.: 2927240203,Bldg.2, Sai Digamber C. H. S. Ltd, Kasarwadavli, Ghodbunder Road, Thane (w).Cell No. 9320794553Web: www.adviceconsultants.in Email:[email protected] / [email protected]

ELECTRICAL & FIRE AUDIT, DESIGN OF RCC / STEEL, PEB STRUCTURES, HERITAGE CONSERVATION, ARCHITECTURAL PLANNING & DESIGN, LANSCAPING, INTERIORS & TURNKEY PROJECTS.

STRUCTURAL AUDIT & REPAIR

Our Services

Building Structural Auditors, Consulting Structural / Civil Engineers, Project Management Consultants

In Structural Audit and Repair work thereafter, specialization and experience in structural design of buildings (design of foundation, column, beam, slab etc.) is a must along with

experience in repair, for taking decisions on safety, stability and method of repair.

We do Structural Audit, Consultancy, Supervision and Management under the direct control of BMC registered B.Tech (Civil ) Engineer having specialization, experience & expertise of 20

years in both Structural Design and Repair of Buildings.

Gopinath Nambiar & Associates

AN ISO 9001-2015 CERTIFIED COMPANY

Mumbai Off.:-

Navi Mumbai:-

Thane:-

January 2021


Co-operative Commissioner and Registrar,Office of Co-operative Societies, State of Maharashtra, Pune , New Central Building, Pune 411011

Telephone Number - 020-26122846 / 47 E-mail - [email protected] --------------------------------------------------------------------------------------------Outward No. Gruh/D-3/Deemed Conveyance/Special Drive/14-SA

Dated – 17 December, 2020 To,_________________________(Housing Societies in the State)

Subject: Special Campaign for Deemed Conveyance from 1st January 2021 to 15th January 2021Sir,

There are 1,11,554 co-operative housing societies in the state as on 31/03/2020.

As per the provisions of Maharashtra Ownership Flats Act, 1963, it is mandatory for the developer to transfer the building and land in the name of the society within 4 months after the registration of the housing co-operative society. As long as the land under the building is not owned by the housing Societies, the Society has to rely entirely on the developer for the increased floor space index, building Redevelopment, etc.

For this purpose, the Government has appointed the District Deputy Registrar as the Competent Authority as per Government Notification dated 25 February, 2011, under Sections 5, 10 and 11 of the Maharashtra Flats Ownership Act, 1963 for Deemed Conveyance. Also, the number of documents to be submitted by the co-operative housing societies for this process has been reduced by the government decision dated 22nd June 2018.

In order to get the ownership of the land to the Co-operative Housing Society, a special drive is being carried out through the Commissioner for cooperation and the Registrar of Co-operative Societies, State of Maharashtra, Pune from 1st January 2021 to 15th January 2021 for Deemed Conveyance. The campaign aims to provide legal rights of the land from the developer to the concerned co-operative housing societies. Your housing society which is under the jurisdiction of the District Deputy Registrar, Co-operative Societies and Competent authorities should submit the application for Deemed Conveyance to that office in the prescribed format along with the required documents. The concerned competent authority will hear all the parties involved in the case and issue a certificate at the end of the appropriate decision regarding the issuance of the Deemed Conveyance certificate. Through this special campaign, efforts are being made so that all the co-operative housing societies in Maharashtra get their legal rights to their land from the developer. Building is of Society, ownership of land also belongs to Society only, according to this you should take active part in this special campaign and make the campaign a success.

Government Resolutions and Circulars and other information regarding Deemed Conveyance is available at the website http://housing.maharashtra.gov.in.

Sd/- (Anil Kawade) Commissioner and Registrar of Co-operationCo-operative Society, State of Maharashtra, Pune


Specialist in Water Tank Cleaning

Ø High Pressure cleaning from top to Bottom.

Ø Hygienic & Pressure jet cleaning.

Ø Removal of Slurry, Debris from tank.

Ø No Harmful chemical involved.

Ø Detection of Cracks & Leakages if any.

All Types

Mob.: 9223448536 | 9029990537

Specialistin:

January 2021


Co-operative Commissioner and Registrar,Office of Co-operative Societies, State of Maharashtra, Pune , New Central Building, Pune 411011

Telephone Number - 020-26122846 / 47 E-mail - [email protected] --------------------------------------------------------------------------------------------

Outward No. Gruh/D-3/Deemed Conveyance/Special Drive/14-SA

Dated – 17 December, 2020

To,

District Deputy Registrar,

Co-operative Society (All)

Subject: Special Campaign for Deemed Conveyance dated January 1, 2021 to

January 15, 2021

Considering the number of Co-operative Housing Societies in the State, the actual number of

Deemed Conveyance is less.

As per the provisions of the Maharashtra Ownership Flats (Promotion of Construction,

Regulation of Sale, Management and Transfer) Act, 1963, the promoter has to transfer

Conveyance of the property to the Society. Also, if the promoter does not transfer the

Conveyance to the Society within the stipulated time, the Government has made the provision to

amend sections 5, 10 and 11 of the MOFA 1963 to provide for unilateral transfer of ownership.

So that the co-operative housing societies will be able to get ownership rights and do

redevelopment of the building by availing the floor space index.

Also, under Sections 5, 10 and 11 of the MOFA, 1963, power has been delegated to the District

Deputy Registrar as a Competent Authority.’

All the District Deputy Registrars, Co-operative Societies in the State should carry out a special

campaign from 01 January 2021 to 15 January 2021 with a view to get Deemed Conveyance of

property to the housing societies. Co-operative housing societies should be informed of

Deemed Conveyance during this period.

Also, the attached letter should reach all the co-operative housing societies eligible for Deemed

Conveyance. In order to make this campaign a success, all the eligible housing societies should

be informed and the necessary proposals should be obtained and the applications should be

disposed of in time which will help housing Societies to get deemed conveyance.

Sd/-

(Anil Kawade)

Commissioner and Registrar of Co-operation

Co-operative Society, State of Maharashtra, Pune

Encl: Attached.


As per clause No.77 of revised model Bye- Laws of Cooperative Housing Societies:

1. For building aging between 15 to 30 years once in 5 years2. For building aging above 30 years once in 3 years3. As per municipality-it is mandatory for building aging 30 year +.

§

§

§

§

§

To know the health of the building and to protect / project the expected future life.To proactively assist the residents and the society to understand the seriousness of the problems and the urgency required to attend the same.

Structural Engineers.Cost on audit saves you in lakhs during repairs.

§

§

§

§ §

Technology to access structural strength,stability, integrity of concrete.1. Schmidt rebound hammer testing2. Ultrasonic pulse velocity testing3. Cover meter testing4. Half-cell potentiometer testing5. Carbonation6. Core study & Chemical test

Inspection

January 2021


ABOUT CONVEYANCE AND ITS ADVANTAGESINTRODUCTION:

All construction activities in Maharashtra since 1963 is governed by Maharashtra

Ownership Flats Act, 1963( in short MOFA). Section 10 of MOFA, 1963 provides for formation of legal body such as cooperative housing society, company or condominium to obtain the conveyance of land and building and then manage and maintain the common areas. This is because, builder sells the flats to individual flat buyers but the land and building may be conveyed only to the collective legal entity formed by the flat owners. MOFA has made necessary provisions that, the promoter/ builder is legally bond to form a society or a company or condominium within 4 months of sale of minimum number of flats required to register such legal entity. (i.e society, company or a condominium).

And as per section 11 of MOFA, 1963 read with Rule 9 of the Maharashtra Ownership Flats Rules, 1964 within 4 months of registration of society / company or a legal body , the builder / promoter is legally bound to convey the land and the building to such legal entity. As per section 11(3) of the MOFA, 1963, after the expiry of statutory period of four months, the legal body formed by the flat owners shall deemed to have received the conveyance of land and building which is called deemed conveyance. Therefore, now it is very important to understand the meaning conveyance and its advantages.

1. MEANING

Conveyance means the action of conveying.

“Conveyancing” has been derived from the

word “Conveyance” which means to convey

the title to a property from one person to

another by an instrument.

Section 2(10) of the Indian Stamp Act (Act 11 of

1899) defines it as including a sale and every instrument by which property movable or immovable is transferred. Conveyance is a transfer within the meaning of Section 5 of the Transfer of Property Act, 1882.

Conveyance also means transfer of title of ownership of movable and immovable property from the original owner/s to the ultimate purchaser /s by executing the conve-yance deed. The method of system of drafting a Deed is also known as conveyancing. For the purpose of transfer of ownership, interest, title in an immovable property, an Agreement is prepared between the original owner/s and the purchaser/s and such an agreement is known as Conveyance Deed.

2. CONVEYANCE DEED

A Deed is an instrument which is written on a paper executed by a party under seal and delivered as his act, or deed.

Conveyance Deed is nothing but a document in writing between the vendor / seller / transferor and the purchaser / transferee evidencing the transfer of right, title and interest in the movable or immovable property in favour of the purchaser / transferee. This document has to be executed by affixing proper stamp duty as per applicable stamp act, incorporating the legal provisions of the applicable Acts such as Transfer of Property Act, 1882, Registration Act 1908, Indian Contract Act, 1872, Income Tax Act, 1961, Maharashtra Ownership Flat Act, 1963 etc.


TM

ND2 CONSULTANCY PVT LTDISO9001:2015CERTIFIED

v We are the people of ND2 CONSULTANCY a group of Experienced Structural

Engineers, Architect, Civil Engineers, Fire Safety Engineers, Electrical

Engineers, & Interior Designers. We introduced ourselves as BMC Approved

License Consulting Engineers for Redevelopment ,Repairs and

Rehabilitation of all kind of Residential , commercial & industrial buildings .

ØREPAIR&REHABILITATIONCONSULTANT

ØSTRUCTURALAUDITANDSTABILITYREPORT

ØFEASIBILITYREPORTFORREDEVELOPMENT.

ØPMCFORREDEVELOPMENT.

ØCONSTRUCTIONMANAGEMENTCONSULTANT.

ØSTRUCTURALDESIGNOFRCCANDSTEELSTRUCTURES

ØCOSTBENEFITSTUDIESFORPROJECTS

ØFINANCIALAUDITINGOFPROJECTS

ØINTERIORDESIGNER&LANDSCAPING

ØVALUATION

ØFIRESAFETYAUDIT

ØELECTRICALAUDIT

Adedicationtotechnicallychallengingandpracticalsolutionsiscentralto ND2

Any Immediate Attention related to Structural Audit, Building Repairs , Rehabilitations or any other concerns ............................... call us, for Free

Inspection, Technical advice, by our Expertise

Office:ShopNo9,PlotNo.66,GoraiSaiGharkulCHSL.,OppPepsiGround,GoraiPart2,Borivali(W),Mumbai400092.

Cont.:7400488886|8108506096|9819881849Email:[email protected],[email protected],

[email protected] more details log on to our website:www.nd2.in

January 2021


3. OBJECTS OF CONVEYANCE

i) To Become Legal OwnersAny movable/immovable property ownership is identified on the basis of title documents for example; immovable properties are recorded and identified on the basis of Survey No., Hissa No., city survey number and such other identity marks in Government Records. When such identity marks are recorded in the title document (Conveyance Deed) and such documents are duly stamped and registered with appropriate authorities and such authorities notify the transfer of right, title and interest in the property in favour of purchaser / transferee, then it is conclusive evidence of ownership of such property.

ii) To make entries in Government Records

When the property transactions are recorded in Government records, it becomes conclusive evidence of ownership of property. To make entries in Government records, a Conveyance Deed has to be executed as explained above. For example - Property Card, 7/12 Ledger Extract (Mutation Entry), 6/12 Ledger Extract (Hakkache Patra– Letter of derivation of rights)

iii) To have free and marketable titleWhen a particular person/Society has paid full consideration and is in possession of the property but the title documents are continued in the original owners' name, the purchaser will not have a free and marketable title on the said property. It is only after proper conveyance – the purchaser will derive free and marketable title over the property.

6. ADVANTAGES OF CONVEYANCE

v Getting the proper titlev Retaining Additional F.S.I.v Property will be free and marketablev Loan can be raised by Mortgagev Permission for reconstruction possiblev Construct additional floor by T.D.R.v Receive Compensation on Developmentv Essential under Maharashtra Ownership

Flat Act

v Attaining the main objects of Society

A) Getting the proper title - When the land and building is conveyed in the name of the purchaser / Society, the purchaser /Society gets proper title of the property which means the property gets transferred in his/its name. All future municipal tax bills are drawn in their names.

B) Retaining additional FSI/TDR - A plot of land has a development potential in terms of FLOOR SPACE INDEX (FSI). The FSI in respect of a plot of land denotes the square meter area which can be constructed upon that plot of land. It varies depending upon the location and user zone of the plot. The benefit of this F.S.I. can be availed by Housing Society only when Conveyance of land and building is completed and transferred in favour of the Society.

C) Property will be free and marketable: On registration of the Society, the possession of the land and building is vested with the Society. The Society starts maintaining the property as per the provision of the registered bye-laws. However the land and building continues to be in the name of original owner. Thus, when a particular person/Society has paid full consideration and is in possession of the property but the title documents are continued in the original owners' name, the purchaser will not have a free and marketable title on the said property. It is only after proper Conveyance – the purchaser will derive free and marketable title over the property.

D) Loan can be raised by mortgage: When the Society wants to undertake major repairs and requires huge funds, the Society would be looking for financial assistance from bank or other financial institution. If the property is standing in the original owners name and the Conveyance is pending, the loan will not be granted by the lender as the same can not be mortgage by the Society.

E) Permission for reconstruction of property -Once the conveyance is completed,


101LIC 203

Also available Key Boxfor 20, 30, 50 keys 104, Saylee Enclave, Nadiadwala Colony No. 1

Off. S. V. Road, Opp. Manav Glass, Malad (W)

An ISO 9001:2015 & MSME Registered Company

GET YOUR BUILDING REPAIRS & PAINTING DONE NOW !

DON’T WAIT FOR NEXT MONSOON

Our Services

Consult us for:

Structural Audit

Project Management Consultants Complete services under One Roof

9819366966 / 022-28917707 A-15, I. C. Anita CHSL., 1st Holy Cross Road,

I. C. Colony, Borivali ( W), Mumbai - 400 103E-mail: [email protected]

Associate Company : TEAM REALTY

January 2021


the Society can obtain No objection Certificate for reconstruction of the building from the respective town planning sections of Municipal authorities. If Conveyance is pending, the Society may have to approach the original owners for their consent for reconstruction and the original owner may not agree to the proposal of the Society or the owner may not be available or may ask for additional compensation and delay the reconstruction proposal. When all the flat owners have paid the full consideration to the builder, it is advisable to obtain the Conveyance at the earliest.

F) Construct additional floors by TDR: The Society can construct additional floor by availing TDR subject to having load bearing / sustaining capacity. This is possible only when Conveyance is completed.

G) Receive compensation on develo-pment: When Conveyance is completed, the Society can reconstruct entire building with additional FSI and by purchasing TDR from others. If the Land is located in the prime area, builders / developers would come forward with all necessary permissions and also offer additional area to the exiting flat owners.

They may also receive additional compens-ation. When the Society is having additional FSI, the same may be transferred in the form of TDR and compensation for the same received. These are all possible only when Conveyance is completed; otherwise the entire benefit will go to the owner / builder.

H) Complying with legal provision : As per section 11 of Maharashtra Ownership Flat Act, 1963, a promoter shall take all the necessary steps to complete his title and convey the land and building in favour of the registered organisation of flat purchasers. By completing the Conveyance, a legal obligation on the part of builder will be complete.

I) Attaining main objects of society registration: As per model Bye Law No.5 – the main object of the Registration of the Society is to obtain CONVEYANCE from the owner/Promoter (Builder), in accordance with the provisions of the Ownership Flats Act and the rules made there under, of the right, title and interest in the land with building/buildings thereon. The details of the land and building of which the Conveyance has to be obtained is also given in the said bye-law.

COMPENDIUM OF SELF Re-DEVELOPMENT FOR CO-OPERATIVE HOUSING SOCIETIES


Anant Consultants

Legal Advisor: Advocate, H. M. Suthar.

We provide the following services and Very shortly our services will be available

online on Desktop and Mobile App.

FOR MORE INFORMATION CONTACT Mrs. Trupti.

For Society Matters (Trupti) - 91375 72651 | 6693 8746.

E-mail : [email protected] | Web.: www.anantstrata.com

…. For You Enterprise

Societies' Billing and Accounts, Back Office services, Statutory RecordsMaintenance, Taxation and other Services and Facilities online

through DESKTOP and Mobile App

1. SOCIETY MAINTENANCE BILLING AND ACCOUNTING,

2. SOCIETY TAXATION SERVICES,

3. SOCIETY STATUTORY RECORDS MAINTENANCE and

4. BACK OFFICE SERVICES FOR SOCIETY'S MANAGEMENT,

A. Smart Billing: Through our own developed Special software we provide following

information in the maintenance bill:

a. Previous period details of Billing, Receipts and Debit or Credit notes, if any.

b. Details of adjustments of payments received from members.

c. Complete details of interest working on defaulted dues.

d. Member specific notes to members in their maintenance bill as required by Managing

Committee.

e. Defaulter notice to defaulter members.

f. Management Information System Reports (MIS Reports) as contracted with society.

B. Accounting and Audit Compliances: In time finalisation of accounts as per Act, Rules

and Byelaws.

C. Mobile App with member login and society login expected to be launched w.e.f.

1/4/2021.: Members can login in mobile as well as in Desktop, Tablet etc. for

information, applications, requests, complaints, communications to society, downloading

copies of account, other documents etc. and society management can use it on Desktop to

upload data of receipts, payments, Expenses for accounting of the society in simple format

user friendly for layman.

January 2021


GOVT. NOTIFICATION DATED 22ND JUNE, 2018 ABOUT

STEPS, LIST OF DOCUMENTS, PROCEDURE AND FORMATS FOR

DEEMED CONVEYANCE Government of Maharashtra

Co-operation, Marketing and Textile Department

Government Resolution No.SaGruYo-2017/Pra.Kra.192/14-SndDate : 22 June, 2018.

Read :-

1. � The Maharashtra Ownership Flats Act, 1963.

2. � Housing Department, Government Notification No. MaHaSa-2008/PraKra 170/Du and Pu

– 2, Date 27-9-2010.

3.� Housing Department, Government Notification No.MaHaSa-2008/PraKra 24/Part-2/Du &

Pu – 2, Date 25-2-2011.

4. � Housing Department, Government Resolution No.MaHaSa-2008/PraKra 24/Part-2/Du &

Pu – 2, Date 25-2-2011.

5.� Revenue and Forest Department, Government Circular No. Misc. 2012/PraKra 442/L – 1,

Date 23-11-2012.

6.� Co-operation, Marketing and Textile Department, Government Circular No. SaGruYo-

2013/UO-02/PraKra 235/14-S, Date 29-04-2014.

7.� Co-operation, Marketing and Textile Department, Government Circular No. SaGruYo-th2013/UO-02/PraKra 235/14-S, Date 7 June,2014.

8. � Order of the Commissioner, Co-operation and Registrar, Co-operative Societies,

Maharashtra State, Pune, Outward No.Housing/D-3/Deemed Conveyance/2015, Date rd23 July, 2015.

9. � Housing Department, Government Resolution, No. Misc. 2016/PraKra 1/Du & Pu-2, Date th29 March, 2016.

10.� Housing Department, Government Resolution, No. Misc. 2016/PraKra 1/Du & Pu – 2, Date

14-06-2016.

11.� Revenue and Forest Department, Government Circular, No. Stamp 2012/1016/PraKra th294/M-1, Date 12 Jully, 2016.

12. Housing Department, Government Resolution, No. Misc. 2016/PraKra 1/Du & Pu -2, Date

18-09-2017.

INTRODUCTION:-

1.� There is a provision in the Maharashtra

Ownership Flats Act, 1963 and Rules, 1964 for

making conveyance of the land and building of

the Co-operative Housing Societies or

Apartments by the Developer / Promoter

within a prescribed period. Since the imple-

mentation of this provision is not being

followed by the Developer/Promoter, the

Housing Department by making amendment

in Section 10 and 11 of the said Act has made

provision of Ex-parte Deemed Conveyance for

the Co-operative Housing Societies. And for

this purpose all District Deputy Registrar, Co-

operative Societies in the state and Joint

Registrar, Co-operative Societies (CIDCO) for

the CIDCO Jurisdiction have been appointed

as Competent Authority for this purpose.

Similarly incidental to implementation of the

said procedure, the list of the necessary

documents required for deemed conveyance

has been fixed under the Government

Resolution, Housing Department, dated 25-

02-2011t.


PENTACLE

38 Years

OF

The Firm with following registrations Year of Registration

Institution of Engineers (India)

1973

1982

Practicing Engineers architects & town planner

association

1992

1999

Institution of Valuer

2002

Mumbai Building repair & reconstruction board 2002

License of site surveyor 1988

License of site supervisor 1997

2004

Institute for steel development & growth 2001

2002

Registered member of the council architect New Delhi 1984

Associated member of the Indian Institute of Architects 1984

www.pentac leconsul tants .com

January 2021


However, since the Housing Societies faced

many problems in obtaining the said

documents, the deemed conveyance

procedure was not that much impetus.

Similarly it is also noticed that Societies also

are not ready to come forward for this.

2.� Considering the above matters and since

it is necessary to make simplification of

deemed conveyance procedure of the co-

operative housing societies and to minimized

the number of documents required for it, a

committee on the level of Commissioner, Co-

operation and Registrar, Co-operative

Societies, Maharashtra State, Pune was

constituted for making recommendations to

the Government by studying in this regard.

Incidental to the report submitted by the said

committee and to take policy decision in this

regard, a co-ordination committee under the

Chairmanship of the Principal Secretary

(Housing) was constituted. In the meeting of

the said committee, all recommendations in

the report submitted by the Commissioner,

Co-operation, and Registrar, Co-operative

Societies, Maharashtra State, Pune have been

accepted. Similarly, Housing Department vide

its Government Resolution, dated 14-06-

2016, had brought down the number of

required documents for deemed conveyance

from 12 to 8. And similarly Revenue and Forest

Department also issued Circular in this regard

on 12-07-2016 regarding minimum 5

documents which are necessary for valuation

and registration of deemed conveyance.

3.� Since the recommendations in the report

submitted to the Government in respect of

deemed conveyance by the Commissioner,

Co-operation and Registrar, Co-operative

Societies, Maharashtra State, Pune are related

with Revenue and Forest Department, Urban

Development Department, Co-operation,

Marketing and Textile Department, Hon'ble

Chief Secretary has communicated to the

respective department to take necessary

action on the said recommendations and

submit the report in this regard.

Thereafter incidental to implementation of

these recommendations, one meeting was

organized in his chairmanship on 26-09-

2016, In the said meeting, review of the action

taken by the concerned departments

incidental to the recommendations of the

committee constituted under the Chairma-

nship of Principal Secretary (Housing) for

removal problems in the deemed conveyance

was taken and similarly year wise review of the

pending deemed conveyance cases in the

office of the Commissioner, Co-operation and

Registrar, Co-op Societies, Maharashtra State,

Pune was also taken. It came to notice during

the discussion that, since it would be more

difficult to the applicant to submit prescribed

documents mentioned in the Government

Resolution issued by various department,

therefore if only one Government Resolution

prescribing all documents as expected by this

department and inclusive of all guidelines, all

information will get at one level and procedure

of making application would be easier and

giving relief to the applicant.

Therefore, it is decided in the said meeting

that, by taking in consideration the provisions

regarding deemed conveyance and the

procedure to be followed by the Competent

Authority incidental to that, duties to be

discharged and difficulties faced by the

citizens, a draft of one Government Resolution

only should be prepared.The said Government

Resolution should be issued after taking

opinion of all concerned departments.

4. Incidental to above facts, the matter to

issue the said Government Resolution by

superseding earlier Government Resolutions

for bringing rationalization in the present

existing procedure regarding deemed

conveyance was under consideration of the

Government.

GOVERNMENT RESOLUTION:-

1. Considering the fact in the above

introduction, the under reference no.6 and


7 Government Resolutions dated 29-04-2014 and 07-06-2014 respectively are hereby superseded and revised orders regarding procedure to be followed in respect of giving deemed conveyance order and certificate are issued herewith.

2. All inclusive procedure to be follow in respect of the deemed conveyance of co-operative housing societies has been fixed in the following stages :-

Stage 1 : To make an application in the prescribed form 7 with necessary document and draft of conveyance to the concerned District Deputy Registrar, Co-operative Societies Office for Deemed Conveyance, similarly to obtain Deemed Conveyance Order and Certificate with documents.

Stage 2 : The draft deed of the deemed conveyance with the details of stamp duty of all flat owners should be adjudicated from the Joint District Registrar and Collector of Stamp.

Stage 3 : After the adjudication order, the said document should be registered in the office of the Sub Registrar (purchase – sale).

Stage 4 : To apply for entering the name in the record (7/12) to the concerned City Survey Officer or Circle Officer/Talathi according the registered document. The procedure of deemed conveyance shall be completed only after entering society's name as a holder in the property card or 7/12 extract by the concerned officer.

(A)� Following documents are necessary for submitting Deemed Conveyance Application. The Co-operative Housing Societies should submit online and offline (hard copy) application with all the available documents. A copy of the offline (hard copy) application with the fee of Rs.2000/- (if paid in Court Fee Stamp or online then with its receipt) should be submitted to the District Deputy Registrar, Co-op Societies/Jt.

Registrar, Co-operative societies (CIDCO) and at the same time to the Collector of Stamp of the concerned District.

1)� Documents to be uploaded with online application:-

i) Application in form 7 for Deemed Conveyance (as Appendix – 1)

ii) A copy of the Co-operative Housing Society Registration Certificate/Company Registrat ion Cert i f icate/Deed of Declaration.

iii) Particulars of the applicant society and a copy of the resolution regarding deemed conveyance passed in the Annual General Body Meeting/Special General Body Meeting.

iv) Three months earlier extract of the property cards (property card 7/12 extract etc.).

v) A list of all legal flat owners in the society in prescribed form.

vi) A legal notice serve to the promoter by the co-operative housing society under the Maharashtra Apartment Ownership Act, 1970 for giving conveyance.

vii) Construction Commencement Certificate (CC), similarly Occupation Certificate issued by the Planning / Competent Authority.

viii) If the concerned society does not have Occupation Certificate then self-declaration that actual possession of the building has been taken and similarly ready to accept all responsibilities/ liabilities regarding the said building and to make an application to the concerned Urban Local Authority for Occupation Certificate after getting Deemed Conveyance. (According to Appendix 5)

ix) Court Fee Stamp of Rs. 2000/- or online fee.

x) Self Declaration of the applicant regar-ding documents are true. (According to Appendix-4)

2)� Documents to be submitted with Off line Application (Hard Copy) :-


Lavanya’s Construction

Head Office :- 10 – Ami Kunj, P.G Road, Malad (W), Mumbai – 400 064.

Mobile No :- 09224770931 / 09892588773 Customer Care No. :- 022 - 288 218 69.

Website :- lavanyasconstruction.com E-mail :- [email protected]

We are the best and give you guaranteed rest

R

Super Premium Applicator of

ISO 9001-2015 CERTIFIED CO.

B/504 Sarita, Prabhat Industrial Complex, Western Express Highway, Dahisar (East),Mumbai:4000683

Shop no 15, Chandresh shopping Arcade, Opp Shirdi Nagar, Navghar Phatak Road, Bhayabder (East).Thane 401105

M: 9833475440, 9892227865, Tel.: 022-28964152 / 022-28964140

January 2021


I) � An application in form 7 for Deemed Conveyance. (With Stamp Duty as mentioned above)

ii)� A copy of form 7 in respect of acknowledgment of the Deemed Conveyance Number (D. C. No.).

iii)� A copy of the sale agreement of flat of one member in society and index 2 or proof of ownership of flat like inheritance certificate, Court Decree or will etc.

iv)� A copy of the final approved plan from the Competent Authority of the Layout as per the submission made by the Developer.

(B)� A procedure to be adopted in respect of issuing Deemed Conveyance Certificate by the District Deputy Registrar, Co-operative Societies / Joint Registrar, Co-operative Societies (CIDCO) and Competent Authority :-

A Competent Authority first ensure that the documents mentioned in above mentioned (A) are attached with the application and there after take the following actions.

i)� While accepting Deemed Conveyance application, it should be seen that the concerned holders on 7/12 extract and property card are same holders giving in writing the documents and they have made party with address and all other societies and also company apartment etc. existing on the same layout are also made parties.

ii)� After ensuring that documents are attached as above, a hearing notice according to MOFA , 1963 and Rule 13(2) of Rules, 1964 should be issued to all concerned parties.

iii)� After issuing hearing notice, if District Deputy Registrar , Co-operative Societies and Competent Authority comes to know at the time of hearing that some parties are remained, then order should be given to the applicant to make all those concerned as parties.

iv)� While passing Deemed Conveyance Order and Certificate, District Deputy Registrar, Co-operative Societies / Joint Registrar,

Co-operative Societies (CIDCO) and Competent Authority should consider the following matter and then pass the order :-

a) If there are many buildings on one plot and are registered as separate co-operative society for each buildings and if construction of some of them are incomplete then while making Deemed Conveyance of completed building, undivided share in the right in the land in proportion to the built up area of the buildings of such society or ground coverage or plinth area, similarly open space, common services and facilities, roads shall be granted.

b) While making Deemed Conveyance in respect of the buildings in the layout where T.D.R. is utilized, their conveyance should be made according to plinth and appurtenant area.

c) If there is more than one society in one layout and out of them only one society has made such application, similarly other societies are not co-operating for conducting measurement of the land of the applicant society, then the District Deputy Registrar, Co-operative Societies, and Competent Authority shall suggest the applicant society to conduct the measurement according to the approved plan from the Architect on the panel of the Competent Authority who had obtained the approval of the construction plans of the concerned society and submit the report regarding area of the society.

d) If the developer did not complete the project in expectation of getting additional F.S.I. OR T.D.R. in urban area, then in such cases, deemed conveyance of the number of flats proposed as per approved building plan and if those flats are constructed, then their deemed conveyance should be made.

e) By checking application in prescribed form of the society and the documents submitted along with it, if application is fulfilled in all respect, then only the Competent Authority should issue Deemed Conveyance Order and Certificate to the concerned society.

f) While mentioning common easement in


Shop No.1, Vatsalya CHS A wing, Nariyalwadi, Dr. Mascarenhas Road, Mazgaon, Mumbai - 400010

Tel.: 022 - 23735810 | Mob.: 9322335510 / 9029111665

E-mail : [email protected] | Web: www.originserves.com

ATTENTION CHAIRMAN & SECRETARY OF HOUSING SOCIETIES…DOES YOUR BUILDING HAVING ANY OF THESE PROBLEMS?

If your answer is “YES” then without any further delay contact us for Repairs & Rehabilitation of your Building.

IS YOUR BUILDING IS MORE THAN 10/ 15 YEARS OLD?

OBSERVED ANY STRUCTURAL CRACKS TO RCC

MEMBERS LIKE BEAMS, COLUMNS, SLABS ETC.?

OBSERVED CRACKS IN WALLS & DAMAGED PLASTER?

LEAKAGES THROUGH TERRACE SLAB, PARAPET WALL & OVER

HEAD WATER TANK?

LEAKAGES THROUGH TOILETS/ BATH ROOMS, DRAINAGE &

WATER SUPPLY LINES?

SHABBY APPEARANCE DUE TO PEELING OF PAINTS?

DAMAGED PAVING IN COMPOUND?

[YES]/[NO]

[YES]/[NO]

[YES]/[NO]

[YES]/[NO]

[YES]/[NO]

[YES]/[NO]

[YES]/[NO]

[YES]/[NO]

A/110, Lawrence Trade Center CHSL, Survey No. 44 to 46, Plot No. 46 to 49, Opp. ICICI Bank Ltd.,Station Road, Navghar, Vasai (W), Dist. Palghar - 401 202.

E-mail : [email protected] | [email protected]

Authorised Applicator :-

Consulting Engineer : Building Repairs

SQUARE METER Mobile :

+91 90046 06367

+91 80878 50131

NO HIDDEN COST,

ONLY TRANSPARENT QUALITY.

January 2021


the Deemed Conveyance order, certificate and documents, it should be mentioned in it that the applicant society shall have the right with undivided rights of common easements in the proportion of the construction of the building of society.

(D)�Procedure to be followed regarding adjudication on the level of Collector of Stamps:-

The procedure to adjudicate on the Deemed Conveyance Draft Documents with the details of the Stamp Duty paid by all flat owners on the level of Joint District Registrar and Collector of Stamps should be as follow :-

1)� In the cases of Deemed Conveyance of the Co-operative Societies, -

i) Where, if there is specifically mentioned in the Deemed Conveyance documents that no F.S.I. is balance, and the current date Architect's Certificate in that regard is attached with it; and

ii)� If the agreements in benefit of present tenement holders of all flats/tenements which is a subject matter of Deemed Conveyance are duly registered with proper stamp duty according to concerned rate in the current Article 25 at the time of execution date then the society can submit the said deemed conveyance deed to the concerned Sub Registrar directly for registration after paying stamp duty at the rate of number of flats X Rs. 100/- or as prescribed by the Government from time to time. To make adjudication of the said document is not necessary.

If the concerned Sub Registrar is satisfied about condition no. (i) and (ii) then he will complete the registration of the said conveyance deed. After completion the process accordingly the Sub-Registrar shall forward the document to the Collector of Stamp of the District for checking immediately and in the checking if found that less stamp duty is paid to the said documents, then the liability to pay the said stamp duty and the penalty on it to be charged according to Stamp Act shall be on the concerned society.

2)� Regarding the matters which not falls in above 1 :–

I) �If society has submitted a copy of the proposal for pre verification with the Collector of Stamps according to above A(2), the Collector of Stamp shall verify that documents and if required some additional documents are required, the same may be informed to the society by letter in writing. The Collector of Stamp shall complete all necessary proceedings in respect of fixing the valuation and stamp duty on the basis of the papers submitted by the society, and thereafter the society, after completion process in the office of the Competent Authority, shall submit the application duly for adjudication as mentioned in 2(ii) above before Collector of Stamps. At that time, Collector of Stamps shall include the papers in the pre-verification case in the said adjudication case and shall pass order by considering facts included in the draft deemed conveyance deed and communicate to the society in that regard.

ii)� Documents to be submitted for Adjudication :-

Cases in which adjudication is necessary, the society need to submit following documents to the office of the Collector of Stamps for making adjudication incidental to paying the Stamp Duty.

a) Application in prescribed form with Rs.10/- Court fee stamp affixed on the application.

b) Code number received by making data entry on the www.igrmaharashtra.gov.in website of Registrar and Stamp Duty D e p a r t m e n t o n l i n e s e r v i c e s > Adjudication> process

c) Conveyance Deed Draft (in two copies).d) A copy of Deemed Conveyance Order and

Certificate issued under Section 11(3) of the Maharashtra Ownership Flats Act 1963.

e) Proof of making payment of Stamp Duty on the Agreement of Flats (if agreement is registered then Index No.2, otherwise original agreements)


TANISHK CONSULTANTSProject Management Consultants

Architect, Structural Engineers, Project Management Consultants

Building Repairs & Restoration Specialist.

· Professional

Building Services

· Re Development Services

· Member · Panel Consultant

· Repairs of buildings ·

Structural Audit.

·

Tendering.

·

Execution.

· Project Management Consultant

·

Architect

·

Structural Engineers

·

Feasibility ·

Tendering.

·

Execution.

· ISSE ·

PEATA

·

IACE

· MHADA ·

BMC

·

NMMC

Mobile:9819848708Email:

January 2021


iii) After receiving the Deemed Conveyance Certificate, if the society has made application with complete documents to the Collector of Stamps for adjudication, The Collector of Stamp gives final decision of the adjudication within 30 days from the receipt of the said application. However, the period from the written letter given to the society by the Collector of Stamps for fulfilling the necessary documents and till the period that society complies with all those documents, shall not be counted in this 30 days period.

iv) Those members whose proof of making payment of Stamp Duty on the Agreement of the flat is not available, then it shall be necessary to pay the stamp duty fixed for those flats only by the concerned flat owners.

v) If some members evading to pay Stamp Duty due according to above 2(IV), then society either recover the said amount from the flat owner and deposit it with the Government or society by depositing the said amount with the Government and thereafter recovered it from the flat owner.

E) � Registration of documents by the Sub-Registrar:-

According to the final adjudication order issued by the Collector of Stamps, by depositing Stamp Duty with the Collector of Stamps and after he has given such certificate on documents, the said documents after the

signature of the concerned, the society shall submit the said documents to the Sub-Registrar in the jurisdiction of the society. It is necessary to attach true copies of the identity card of the parties in the deed, and similarly proof for making payment of registration fee through GRAS system (E- challan) .

The concerned Sub-Registrar should complete the registration of above documents within 1 day time limit as stipulated under Maharashtra Lok Seva Hakk Notification-2015.

F)� To make an entry in the record on the basis of Deemed Conveyance Documents –

According to the registered deemed conveyance documents with Sub-Registrar, the concerned society should make an application to the City Survey Officer or Talathi/Circle Officer connected with the jurisdiction of the society for entering the name of concerned society in the holders column on the property card or 7/12 extract within prescribed period according to the procedure in the Maharashtra Land Revenue Code, 1966 and the rules made there under.

In the name and order of the Governor of Maharashtra.

(K. C. Badgujar)Section Officer, Government of

Maharashtra.

APPENDIX – 1(Application Form)

Government of Maharashtra Gazette Extraordinary Part IV-B September 27,

2010/Ashwin 5 Shake 1932

FORM 7

(See Rule 12, MOFA Rules)

A form of application for giving Ex parte Deemed Conveyance or Registration Certificate of

proclamation in the name of applicant under Section11, Sub-Section (3) of the Maharashtra

Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer)

Act. 1963.


In the presence of ______________________Competent Authority.

[Court Fee Stamp of Rs.2000/-

(Rupees Two thousand only)]Application No._________ of year 20

_______________________________________

_______________________________________

_______________________________________

_______________________________________

Versus

Applicant

Promoter/Opponent Party

Above mentioned applicant/applicants sated as follow that,-

1. Applicants are the members of the Co-operative Housing Society formed under section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 which is duly registered under the Maharashtra Co-operative Societies Act, Company/Apartment purchasers' Association having its registered office at ______________________ (hereinafter referred as said society/said company/said association of apartment purchasers).

2.� Plot of land admeasuring __________area is in the possession of the said society/said Company/said association of apartment purchasers (hereinafter referred as a premises of flat). A copy of the registration certificate attached herewith and marked as exhibit no.1 is of the said society/said company/said association of apartment purchasers'.

3.� Applicant has stated that, the building of the said society/said company/said association of flat purchasers' shall included_______________ and it shall be recognized by the name__________________.

4.� Applicant has stated that, the opponent party has executed sale agreement for flats/shops with individual purchasers of flat/shop as necessary under section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963,and all agreements are duly stamped as necessary under the Mumbai Stamp Act 1958 and duly registered as required under the Registration Act 1908. Opponent Party has agreed to convey the premises of flats with entire building constructed on it (hereinafter referred as said property) in the name of the said society/said company/said association of the apartment purchasers as provided in rule 9 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules,1964. A copy of the said sale agreement made by the flat/shop purchaser Shri/Smt. ________________________________ with Opponent Party No.1 is attached herewith and marked as Exhibit No.______ and in Exhibit No.______ a list of members with particulars like flat number, area, stamp duty paid, registration number, registration fees paid is attached herewith.

5.� Opponent Parties are defaulted in executing conveyance of Promoter's rights, ownership rights and interests in land and building in such applicant's name who is entitled legally to


ArchMastersALL IN ONE ROOFSTRUCTURAL ENGINEER, LICENSE SURVEYOR,

Chartered of structural engineers PMC & Legal Advisor

Repairs & Rehabilitation PMC

Structural survey/Audit

NDT test

Feasability Reports

Tendering

79-A Procedure

Execution

Quality Control

Self Redevelopment consultant

Society formation

Deemed conveyance

All type of legal document

Legal Advisor for Self - Redevelopment

Legal consultancy for all Society Matters

Redevelopment PMC Legal

Tendering

Execution

AMC

Sale Agreement / Gift / Will and Registration

January 2021

30 January 2021

take benefits (in case of Association/Condominium submitted under Apartment Ownership Act, fact shall be stated according to flat purchasers' wish and default committed by the promoter in discharging the provisions of the law shall brought to the notice here)

6.� Therefore, applicant shall be entitled for getting the certificate given by this Competent Authority and similarly shall be entitled for getting ex parte Deemed Conveyance regarding premises of flats under section 11 of the said act.

7.� Accordingly, the Competent Authority should give ex parte conveyance right certificate in the name of applicant falls in his jurisdiction with building at _______________ with the land admeasuring _________ as mentioned in the copy of the agreement dt. ________________

(Property registration card) kept aside.

8. � Applicant shall depend on the list of documents attached herewith.

9.� Therefore, the Applicant prays that –

(A) � Hon'ble Competent Authority should give certificate that the applicant is entitled for getting ex parte Deemed Conveyance of the applicant's flats premises and make registration.

(B) � Provision of the application cost should be made.

(C) � Please extend other assistance as Hon'ble Competent Authority deem fit.

Advocate/Authorised � Representative for applicant. Signature

APPENDIX – 2(CERTIFICATE FORM)

Deemed Conveyance Certificate Under Section 11(4)of the Maharashtra Ownership

Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer)

Act, 1963

Deemed Conveyance Application No.___________

CERTIFICATE

According to powers delegated to me under Section 11(4) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, I,_____________________________________, Competent Authority and District Deputy Registrar, Co-operative Societies,__________ certify that on the documents submitted by the applicant, this case is fit for unilateral execution of conveyance deed as deemed conveyance in the applicant's name viz.___________________ co-operative society ltd. of the promoter's rights, ownership rights and interests in the _____ sq. mts. of the total area of ______ sq. mts. in the survey number _________ with the construction area ______ sq. mts. of the building constructed in the said land and accordingly certificate is issued on the following terms and conditions.


January 2021

1. The said certificate is issued on the basis of the documents make available by the society. If there is any irregularity in the land and construction to be transferred hereby, then it should not be presumed as regulated hereby.

2.� It shall be binding to the concerns to paid the stamp duty to be charged out of the land and building area to be transferred by this certificate.

3.� Open land, common roads, conveniences and facilities in the sanctioned layout are being transferred with undivided share in the proportion of the construction of building. (If applicable)

Competent Authority and District Dy. Registrar, Co-operative Societies

APPENDIX – 3(Procedure of making online application for Deemed Conveyance)

1) Co-operative Housing Societies should submit the online application for Deemed

Conveyance on the website www.mahasahakar.maharashtra.gov.in

2)� Click on 'Register Login in the column 'other links' on home page. And thereafter those who

still not received User Name and Password (New User), such societies and those who

received User Name and Password (existing user) should followed following procedure.

I)� New User :-

i) After clicked on 'Register Login” as above, the Auditor/Society Login box will open. For

preparing new User Name, click on New User. All information in it should be filled up stage

wise in the Account information. After filling User Name as you required, if it is available, a

message that User Name Available will come. Thereafter fill up the Password you want.

After fulfilling all information as instructed, click on Create User.

ii) Thereafter 'Society registration' page will open. All the information about society should be

filled in it. After that at the last of that page in the upload society registration box, click on

Choose File and upload the scanned file of the Registration Certificate of the Society. You

may see that the information of Society Code and Class in it is filled automatically.

iii) The size of the said scanned file should be within 1MB. Thereafter by clicking on the save

button all information should be protected.

II)� Existing User:-

i) After clicking on 'Register Login' as above, Auditor/Society Login box will open. Login in it

by filling User Name and Password of the society.

ii) Thereafter a page viz. General Options will open. 4 options will appear in it. Out of these

Update Profile option should be clicked.

iii) Then Society Registration page will open. All information as mentioned above I (ii) should

be filled and information should be saved by uploading scanned documents.An information

Society Code and Class will appear automatically in it.

After completion the above process as above the procedure of filling the information of the

society is complete.


AVAIL THE FACILITIES OF

DEEMED CONVEYANCE

Free Consultation* on

Conveyance and Deemed Conveyance

and SELF - REDEVELOPMENT

022 - 4255 1414 / 32

MahaSeWAMAHARASHTRA SOCIETIES WELFARE ASSOCIATION

Channel Subscribe Our YouTube

Regarding HOUSING SOCIETIES

and REAL ESTATE LAWS & REGULATIONS

022 - 4255 1414

January 2021


3)� After preparing the 'profile' of the society on the web site as above by the societies, the information filled up in the said application will appear in the concerned office of the District Deputy Registrar. A validation of the society shall be made by that office after checking that information and message in that regard shall be sent to the concerned society by e-mail automatically.

4)� If validation is not done or there are any shortfalls in the proposal then such message also be forwarded to the concerned society by e-mail. If such message is received then they should approach the concerned Registrar Office.

5)� After receiving the message of completion of the verification, the concerned societies should follow the following procedure for submitting online application for Deemed Conveyance.

i)� First of all go the www.mahasahakar.maharashtra.gov.in - Website ii)� In the column 'other links' on home page, click on 'Register Login'.iii)� Then Auditor/Society Login box will open. Society should login by filling their User Name

and password.iv)� Thereafter a page viz. General Options will open. 4 options will appear in it. Click on the

Deemed Conveyance out of it.v)� 8 options as mentioned below will appear on that page. (1) Applicant details (2) � Unit land society bank details (3)� Property details (4) � Land Owner details (5) � Developer details (6) � Make payment (7) � Case summery (8) � Application History

�By clicking serially on first five options, information in it should be filled and the scan copies of the documents mentioned that options should be uploaded. Limit of the size of scanned file for each option shall be 1MB.

6)� In the option 'Make Payment', payment shall be made in 4 ways mentioned below.

I) Online :- Under this option, a facility like Net banking or Debit Card/Credit Card is made available. If payment is made in this way then separate GST shall be charged. After completion the payment procedure, a receipt regarding payment is made to the Mahaonline is ready.

II) Treasury Chalan :- If payment is made through treasury then the receipt received from the treasury should be uploaded by scanning it.

III) Court Fee Stamp :- By affixing necessary amount of Court Fee Stamp on the Application, the document should be uploaded by scanning.

IV) Payment made by GRASS System :- Payment of necessary amount of fees should be made on government's system and its receipt should be attached.

By selecting one of the above options, click should made on Submit.

7) � After submitting the online application as above, the information about Case Summery and Application History shall be filled automatically. The verification of the said information shall be made by the said society. And then only click on Submit Application.


CONSULTANTS FOR REPAIR ANDREDEVELOPMENT PROJECTS 40 ISO 9001 : 2015

Certified Company

Office: 201-A, Sunteck Grandeur, Opp Andheri Subway, S. V. road, Andheri (W) Mumbai 400058. Mob.: 9820146623, Tel: 26774100, 26774200,

E mail: [email protected] / Web Site: www.supremeengicons.com

Feasibility survey of the society building. Preparation of Tender document for Developer/ Builder

Supervision / quality control during execution work. Legal consultancy towards Redevelopment work

Redevelopment Panel consists of Structural Engineer, Architects, Legal Consultants.

January 2021


8)� A print of Form (7) can be taken by clicking on Print Form 7 in Case Summery. A D.C. number shall be noted in it.

9)� Entire procedure of making online application for deemed conveyance as above has been made available on website in ‘Downloads’ www.mahasahakar.maharashtra.gov.inoptions in PDF form (User Manual English Online Deemed Conveyance Application)

APPENDIX – 4SELF DECLARATION

I, Shri/Smt. __________________________ age ______ years, residing at _____________________, Designation __________ state that,

1. I have submitted a proposal regarding getting Deemed Conveyance to the society _________________________ under section 11 of the MOFA before the Competent Authority. All documents, information attached with it is true, flawless and showing factual position.

2.� I also state that, no application, claim or proposal is submitted through the society before any Civil Court or Authority for getting Deemed Conveyance.

3.� Information mentioned above and all documents attached with this proposal are true, flawless and showing factual position according to my knowledge and if found falls or if any dispute arise in future in that regard then all responsibility of it shall be of mine and I am aware that I shall be eligible for the punishment according the Indian Penal Code.

(Seal of the Society)

Date :- (Signature- Applicant)

I, under signed, Shri/Smt. _____________________________ Secretary, ________________Co-operative Housing Society, address_____________________________________________Registration Number______________________________________ Certified that, I am ready to accept all responsibilities/liabilities regarding building behalf of the above mentioned Co-operative Housing Society, if any litigation arise in future in that regard, then entire responsibility of it shall be mine and shall be eligible for legal action. Similarly after getting Deemed Conveyance, I shall apply for Occupation Certificate to the ________________________________ (mentioned the name of the concerned Local Self Government) behalf of the above mentioned Co-operative Housing Society and entire responsibility of it shall be mine.

(Signature and Seal of the Society) � � (Secretary)We concurrence the above mentioned Self Certificate

(Signature and Seal of the Society) (Chairman) (Treasurer)Date :-

APPENDIX – 5SELF – CERTIFICATE

Note: All Circulars of Deemed Conveyance maybe downloaded from www.mahasewa.org


S P E C I A L I S T I N :

EVEREST LIKPROOF CO.

Service Guarantee Agreement Period of 5-10 Years

Since 1970 Experience is New Way

A QUALITY PROMISE FROM :

MOB.: 9082830337 / 9892806228January 2021


OTHER REMEDIES FOR OBTAINING CONVEYANCE

U/S11. To Convey Land and Building to The legal Entity within Prescribed Time & Deliver Relevant Documents.

Legal Remedies Existing till 2005before Amend to Continue

Quasi Judicial Authority as per MOFA - Amendment 2005

Civil CourtU/Specific Relief

Act, 1963

Consumer CourtU/Consumer

Protection Act,1986

Criminal CourtU/S - 13 of MOFA 1963

Dy. Dist. Regr, C. S. notified as

Competent Authority

Amendment to Rules were required to implement the functioning of Competent Authority and MOF (Amendment) Rules, 2009 Notified

1. INTRODUCTION :

As per Section 11 of Maharashtra Ownership Flats Act, 1963, conveyance of land and building need to be given to the society or any legal body by the promoter/ Builder. Thus under MOFA the promoter / builder is legally bond to form a Society or a company or condominium within 4 months of sale of minimum number of flats and required to register such legal entity. (i.e. Society, Company or a Condominium). And within 4 months of registration of legal body of the flat purchasers to manage the complex, the builder / promoter is legally bound to convey the land and the building to such legal entity.

2. REMEDIES OR THE PROCEDURE TO OBTAIN THE CONVEYANCE OF LAND AND BUILDING

Due to many reasons and also to reap the benefits of Redevelopment, the landowner/ builder / promoter does not give the conveyance of land and building in favour of the society as provided in the MOFA. In such cases the society / Legal body like Condominium or company has the remedies to get Conveyance of land and building in favour of them:

3. APPROACH BUILDER / LANDOWNER AND COLLECT ALL THE DOCUMENTS REQUIRED TO BE ATTACHED WITH CONVEYANCE DEED

Where the builders/land owners are co-operative, collect all the Title Deeds of the plot of land and building to enable the purchaser/s [Housing Societies] to attach the same while executing the Conveyance Deed and submitting the same to the registering authorities.

4. TO FILE CIVIL SUIT UNDER SPECIFIC RELIEF ACT –

Where the builders / land owners are not co-operative, then it is advisable to file civil suit against them at Civil Court of respective jurisdiction under Specific Relief Act. The various provisions for filing the civil suits under the Specific Relief Act, 1963.

5. TO FILE CRIMINAL CASE AS PER SECTION 13 OF MAHARASHTRA OWNERSHIP OF FLATS ACT, 1963

Where the builders / land owners are not cooperative, then the purchaser/s [Societies]


can file a criminal case under section 13 of Maharashtra Ownership Flats Act, 1963. The builder / promoter may be thus prosecuted and put behind the bar. By the fear of imprisonment, the builder/ promoter sometime may complete the conveyance.

6. TO FILE CASE FOR DEFECTIVE SERVICE UNDER CONSUMER PROTECTION ACT, 1986.

Where the builders/land owners are not cooperative, then the purchaser/s [Societies] can file a case for Defective service against the builders/owners under Consumer Protection Act, 2019. The flat owners or their voluntary collective body is considered as the consumers.

7. A N A P P L I C AT I O N B E F O R E A COMPETENT AUTHORITY (DDR).

The purchaser/s [Societies] can file an Application U/s 11 of MOFA, 1963 before the Competent Authority (DDR) with all the requirements. The detailed provisions of law and procedure to be adopted and the documents required are provided in the

ndgovernment notification dated 22 June, 2018 which is separately given in this book.

CONVEYANCE & DEEMED CONVEYANCE IN FAVOUR OF THE SOCIETY in case of leasehold land.

Conveyance means transfer of rights and interest in immovable property from one person to another person by a registered deed. The conveyance can be granted in two ways as mutually decided by the parties at the time executing of the deed.

1) Conveyance ( Transfer ) of lease rights in the property by executing the lease deed and

2) Conveyance (Transfer) of ownership / free-hold Rights by executing the conveyance deed/ sale deed.

The lease rights are transfer by executing lease deed. In case of lease , the ownership rights of the property remains with the original owner. The leasee has to use the land as per the terms and conditions mentioned in the lease

deed. In case of lease property, NOC from the original owner is required for redevelopment and compensation also need to be paid to the original owners. In case of freehold conveyance, the ownership of title gets transf-erred and all future benefits or redevelopment etc will remain exclusively with the new purchaser and the seller will have no rights whatsoever.

Once the lease rights are granted and lease deed is registered, the same can be converted into freehold/ownership conveyance only if the owner agrees and gives his consent. If the owner does not want to give the freehold rights in case of leased property , no law or court in INDIA can compel the owner to give freehold rights.

Deemed Conveyance is a legal process to get the rights over the land and building when the owner and the builder fails to grant the conveyance of either lease rights or ownership rights as agreed at the time of sale of the flat.

If the Housing Society has already got the conveyance of Lease Rights from the owner and the lease deed is also registered, then separate deemed conveyance cannot be obtained. Deemed Conveyance is not applicable in this case, as the lease deed is already executed. Lease deed is treated as conveyance( Transfer ) of lease rights to the society. In case the society applies for deemed conveyance before the Competent Authority, against the owner/ lessor who will be referred as opponent and allegation will be made that, the owner has defaulted in granting the conveyance of freehold rights. This becomes a legal case before the Competent Authority.

In such a situation, the owner/ lessor will defend the case and also argue the matter to retain the ownership rights and state that the conveyance of lease Rights are already transferred to the society. Even, If the owner fails to properly defend, the competent Authority may pass an ex-parte decree stating that the owner/ lessor has not appeared. However, having received the lease conveyance, the society is not entitled to get the deemed conveyance and reject the application.


FAQ’s on Special Drive

- 2021

Q1. What is this special drive for deemed conveyance ?

Ans: Considering the fact that very few societies have taken the benefit of deemed conveyance, the Cooperative Commission decided to start a special drive of awareness campaign about the deemed conveyance for

st15 days from 1 January, 2021.

Q2. What are the special benefits during the drive?

Ans.: All the deputy registrar and district deputy registrar will furnish the required information about the process involved in the deemed conveyance. The seminars and awareness campaign in their respective jurisdiction will be done with the help of local NGOs and Federations. The information from the society will be collected about the challenges faced by them and the actions initiated by them to get the conveyance.

Q3. Do this special drive is like an amnesty scheme during the period the applicant will be granted deemed conveyance without any hearing or adopting any procedure?

Ans: This is not an amnesty scheme. The entire procedure prescribed in the Act and the Rules

ndand the government notification dated 22 June, 2018 will be followed. All the parties will be given opportunity of hearing and there after the conveyance will be granted.

Q4. Can the society apply for the convey-

ance after the expiry of the campaign

period?

Interview of

Shri. Abhishek Ghosalkar ,

Director Mumbai Bank.

Ans: Yes. During the campaign period only

awareness is created. In fact, the application

may be received but the actual hearing will

happen as per the laid down procedure as per

the law of natural justice by giving

opportunities to all the parties. There will not

be any short cut in the procedure.

Q5. Can we take the benefit of campaign

of deemed conveyance in spite of our

cases pending in the civil court or

consumer court?

Ans: You may collect all the information but to

apply for deemed conveyance, you need to

withdraw at least the prayer of conveyance

from the other forum or the court and then

apply for deemed conveyance.

Q6. Any concession in the stamp duty and

registration for the societies who are

applying for deemed conveyance

during this period?

Ans: No special concessions are available of

stamp duty or registration during this period.

Q7. Whether any office bearers thems-

elves will be able to apply for the

deemed conveyance ?

Ans: Yes. If the office bearers are able to

provide all the documents as per notification nddated 22 June, 2018 and are able to defend

the stand taken by some unscrupulous

builders through their legal firms, the society

may themselves apply for deemed

conveyance.


“MahaSeWA Branch office “

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION (R)

LOCATION ADDRESS TEL. NO.

FORT

VASAI

DOMBIVALI

Swagat Bhavan Bldg., Near Indian oil, Opp. M. S. E. B. Colony, Vasai (E), Thane - 400 208.

1-B, Ram Govind Apartment, Opp. Vijya Bank, Near Brahman Sabha Hall, Dombivali (E) - 421 201.

98 21 23 47 70

0250 - 645 75 850250 - 645 75 86

022 - 42551414

KALYAN

MULUND (E)

98330 45208

DAHISAR (W) 1, KESKAR Apartment, J.S. Road, Opp. Old Rly Fatak Bus Stop, Near Rly. Stn., Dahisar (W), Mumbai - 68,

022 - 28944444

GHATKOPARWest

93266 61667

89763 33379

105, PURNIMA DARSHAN, 90 Ft. Road,

Mulund (East), Mumbai 400 081, 84339 22171 - 5

Navi Mumbai Mr. Mangesh RanawadeA-3/102, Hyde Park, Sector 35 G, Kharghar, Navi Mumbai

77988 33777

Office no 102, 1st Floor, Blue Moon Chambers, 25 Nagindas

Master Road, Fountain, opp. High court, Mumbai - 400 023

- Branch at DAHISAR - (W) MahaSeWA

MAHARASHTRA SOCIETIES WELFARE ASSOCIATION


Application for Membership(Registered)

Enclosed 1 Year Subscription ` 2360/-, 3 Years Subscription ` 4720/-, 5 Years Subscription ` 7080/-

` 2000/-+18%GST

PERIOD

` 1180/-

` 2360/-

` 3540/-

=` 2360/-

=` 4720/-

=` 7080/-

My/Society Name

(M) (O)

Membership No.

E-mail id :

January 2021

43

Address:

Dr. Fixit Institute of Structural Protection &

Rehabilitation, C/o Pidilite Industries Limited,

Ramkrishna Mandir Road, Andheri (E),

Mumbai- 400 059, Maharashtra

ü Ultrasonic pulse velocity test

ü Rebound hammer test

ü Half-cell potential test

ü Carbonation depth test

ü Core test

ü Chemical analysis

ü Cement aggregate ratio

Contact:-

Er. E. Gopalkrishnan, Head- Lab & Consultancy Services,

Tel: 022-28357822; Mob: +919769222667,

Email: [email protected]

Visit us at: www.drfixitinstitute.com

SPECIALIZED IN BUILDING REPAIRS AND REDEVELOPMENT

Our Services – Building Repairs, Structural Audit (as per MCGM & TMC norms),

Redevelopment & Self – Redevelopment, Deemed Conveyance,

Lift Installation, Stack Parking,

Free Guidance & presentation on

Self - Redevelopment & Deemed Conveyance

Contact on 9930361574

4, Chandrakant Apt., Shreyas Colony, Goregaon (E), Mumbai: - 400 063,

E-mail :- [email protected] | www.neotechconsultants.com

Ph. :- 9930344006, 9930361574, 022-2927 2382

Registered with MCGM, TMC, MHADA, MBMC, NMMC, MSPHC

Postal Registration No. MCN / 79 / 2019 - 2021

Wpp License No. MR/Tech/WPP-204/North/2019-21

Posting At: Mumbai Patrika Channel, GPO, Mumbai.

Date of Publication : 10th of Every Month

Posting Date : 10th & 11th of Every Month

44

RNI NO. MAHENG / 2007 / 26095