What is a Conveyance Deed in a Society?

A Conveyance Deed for Society is a vital legal document that confirms the lawful transfer of ownership from the builder or landowner to the housing society. In India, this deed protects property ownership rights and shields society members from future legal disputes. Without a registered Conveyance Deed Society your community has no legal counterpart and you run the risk of a developer abusing that writ and possible third-party claims.

Indian Courts do not recognize unregistered deeds and therefore these formalities are absolutely necessary. A Conveyance Deed of Society Online can now be sought through the online option available in a majority of states, ultimately permitting efficiency in registration and authentication.

Understanding the Conveyance Deed

At its core, a Conveyance Deed for Society confirms that ownership of property has moved from one party to another. This includes various document types like sale deeds, gift deeds, lease deeds, and exchange deeds. While sale deeds are most common, especially when buying a flat, Conveyance Deed Society documentation goes beyond that.

According to the Registration Act of 1908, these documents must be registered officially. You also need to pay applicable stamp duty, which varies based on your state and property’s value. A proper Society Conveyance Deed Process ensures the inclusion of boundary details, title chain records, and, if applicable, Power of Attorney documentation.

Why a Conveyance Deed for Society Matters

A Conveyance Deed for Society transfers final ownership of land and buildings from the developer to the cooperative housing society. This will be the basis of members’ property rights. Under the Maharashtra Ownership Flats Act (MOFA), this must be done within four months of society registration.

Conveyance Deed for Society will:

• Transfer ownership to the society
• Prevent third party ownership claims
• Allow the society to manage and redevelop the property

Without a Conveyance Deed Society, developers may still:

• Mortgage the property
• Sell society common property like gardens and terraces
• Prevent redevelopment
• Prevent loans for repair or upgrade work

Completing a proper Society Conveyance Deed Process is a legal right of members and is a basic requirement to ensure long-term property security.

Types of Conveyance Deeds Relevant to Societies

Understanding various types of Conveyance Deed for Society options allows for better legal clarity. Societies may deal with:

1. Regular Conveyance Deed

The most straightforward type, this deed is executed voluntarily by the builder and transfers all legal rights to the housing society.

2. Deemed Conveyance of Society

Societies can apply for a Deemed Conveyance of Society when developers take too long or aren’t willing to cooperate. This process includes:

• Filing Form 7 with the District Deputy Registrar
• Paying the court fee (INR 2,000 in Maharashtra)
• Submitting all supporting documents

After the approval, usually in accordance to a few months, they have the same legal standing as a deed.

Others are:

• Sale Deed – Transfer ownership in exchange of payment.
• Gift Deed – Transfer ownership; no money exchanged; generally seen as transferred within a family.
• Exchange Deed – Trading properties for ownership in exchange or value adjustment.
• Partition Deed – Operates to divide property owned jointly.
• Release Deed – To relinquish or give up legal claim from one entity.

Type	Description	Key Details
Regular Conveyance Deed	Builder voluntarily executes deed to transfer ownership to housing society.	Standardized deed; must be executed within 4 months of registration of society
Deemed Conveyance of Society	When developers delay, refuse to cooperate.	– Form 7 filed with the District Deputy Registrar (by society).- Fee of INR 2,000 (Maharashtra)- Checklist amount of documents need to be submitted (if any).- Once a deed is executed it is recognized the same as a regular conveyance.
Sale Deed	Ownership passes for a consideration of value.	Most regular form of deed when purchasing property.
Gift Deed	Ownership passes without consideration of value; typical within families.	No money changes hands; must be registered.
Exchange Deed	Two parties exchange property based on agreed value; you won’t be selling or buying property.	Stamp duty will be due on the property with the higher value.
Partition Deed	Dissolves jointly owned property and divides it within co-owners.	Share of ownership and rights are clearly defined.
Release Deed	One party releases their legal rights or claim to their property, as against another party.	Often used within joint owners or among legal heirs.

Each category of deed serves different legal purposes; all go with the overarching Society Conveyance Deed Process.

Society Conveyance Deed Process and Legal Requirements

To protect property rights, every society should initiate the Society Conveyance Deed Process immediately after registration. If the builder complies, a regular conveyance is executed. If not, a Deemed Conveyance of Society application becomes necessary.

Standard Conveyance Steps

1. (Deed) draft a deed on stamp paper

2. (Signatures) the signatures of both the parties to the transaction along with two witnesses

3. (Stamp Duty) pay the stamp duty 

4. (Registrar’s office with Sub-Registrar of Assurances) register with Sub-Registrar of Assurances

Deemed Conveyance Steps

1. (Form7) apply to District Deputy registrar in Form 7

2. (Cert. & report) submit all relevant certificates and reports

3. (Lintage Fee) pay very nominal court fee

4. (Hearing) attend to hearing 

5. (District Deputy Registrar) wait for order 

When a developer refuses to register, the Registrar can sign it on his behalf. After the deed is registered it will bind you and the society in the online Conveyance Deed of Society box which will be publicly available.

Essential Documents Required

For the Deemed Conveyance Deed for the Society process to inter in successfully; you need to gather the following documents:

• From City Survey Office: CTS Plan, 7/12 Extract
• From Collector’s Office: NA Order, ULC Certificate
• From Municipal Corporation: Approved Building Plan, CC
• From Professional: Architect’s Certificate, Title Search Report

After paying individual stamp duty, you will only have to pay the registration of the Conveyance Deed Society ₹100. All in favour of legal protection for the cost of ₹100.

Govt Initiatives

The government of Maharashtra is working to speed-up the Deemed Conveyance of Society process. Three to six months may be down to one month soon. The added push for electronic deliveries will dovetail with the Conveyance Deed of Society Online (CD of Society) push to enable speedy, transparent and provably accessible legal processing.

Conclusion

A Conveyance Deed for Society is not just an option, it is essential as it changes individual ownership to collective rights, assigns full rights to societies and protects against developers taking advantage of the property. Whether through regular execution or a Deemed Conveyance of Society, the document serves to provide a sense of legal ownership for your society’s future. Society Conveyance Deed Process can be convoluted but it offers protection and authority over your property.

FAQs

Q1. What is the purpose of a Conveyance Deed in a housing society? 

A Conveyance Deed for Society conveys title to the property to the cooperative housing society, and hence legal authority is given to the society as a whole.

Q2. How long does the conveyance process take? 

An ordinary deed should be executed in about 4 months. A Deemed Conveyance of Society can take 6 months but this timeline is shrinking. 

Q3. What if the builder does not cooperate? 

You will need to apply for a Deemed Conveyance of Society by way of Form 7. It is a legal right of title with the same weight. 

Q4. What documents are required? 

You will require plans, certificates, and reports from various places in the government, and licensed persons. All of these are necessary for the Society Conveyance Deed Process to run smoothly.

Q5. What are the risks of not doing this deed? 

Without a Conveyance Deed Society, your society bears the risks of property misuse, some legal boundaries, and even limitations on redevelopment.