Windfall Deemed Conveyance Of Cooperative Societies In A Special Drive That Benefitted Common Mumbaikers In Maharashtra

Adv Ameet Mehta, Managing Partner of Solicis Lex Advisory while speaking to Live Law stated that ''The provision of Deemed Conveyance enables societies to get the legal title and ownership of land, its balance FSI, Development Rights and subsequently make entries in the Government records. It enables them to also initiate redevelopment of their properties by making their land free and marketable''.

Maharashtra Government's special drive is helping housing societies to obtain conveyance at a record speed now. Adv Hitesh Rajpurohit, Associate Partner at Solicis Lex Law Firm stated that ''They secured a record Deemed Conveyance of as many as 14 societies namely; Shivdham CHSL, OM Shivkrupa CHSL, Hari Smruti CHSL, Kuber CHSL, Vraj Mohan CHSL, Shiv Trishul CHSL, Koyna CHSL, Shantivan Koyna CHSL, Koyna G Wing CHSL, Bhima CHSL, Shanti Mahal CHSL, Krishna CHSL, Shree Suraj Niwas CHSL, Golden Heights CHSL and Dipti Sapphire CHSL. Local MLA's from respective Vidhan Sabha's namely Shri Pravin Darekar ji, Shri Sunil Rane ji, Shri Yogesh Sagar ji, Smt Manishatai Chaudhary and Member of Parliament Shri Gopal Shetty also mobilized members of societies for securing Deemed Conveyances''.

It should be noted that High Court had also pointed out that ''Deemed conveyance for housing societies cannot be made conditional''. Granting Deemed Conveyance to cooperative housing societies cannot be conditional if members have paid all their dues to the Land Owner/ Developer.

For knowledge of societies, there are various advantages of Deemed Conveyance (i) Societies get Legal Title of the Property (Land & Structures) (ii) Society's Property will be Free and Marketable (iii) Society will retain Additional F.S.I as per DCPR (iv) Society can generate Revenue of Rent from Mobile Towers and Hoardings. (v) Society can self or redevelop the Property by constructing new building using TDR & Members can get the additional area (Fungible F. S. I.), Displacement and Hardship Compensations, new amenities etc.

Government in Maharashtra have been working with lot of housing societies in the past couple of years by reducing documentation and enabling smooth conveyance for cooperative societies. RERA law has also brought Developers and Land Owners in their ambit of compliance for securing timely conveyances.

Ameet Mehta further added that ''The Government of Maharashtra had amended the Maharashtra Ownership Flats Act, 1963 (MOFA), to make sure that builders don't runway from their responsibilities of giving conveyance to societies. This amendment is called Deemed Conveyance. Deemed Conveyance was a shortest and most economical route so that societies do not suffer''.