PROCEDURE FOR DEEMED CONVEYANCE
The complete procedure is provided in the Amended Maharashtra Ownership Flats Rules, 2010. The same in the form of process flow chart is given hereunder for the benefit of the readers.
PROCEDURE TO OBTAIN THE DEEMED CONVEYANCE ORDER
Society/Company/Condominium (Apartment Owners Association ) to apply with documents & prescribed fees/ Court fees
Competent Authority to verify Documents from his officials or the Authorized officer and obtain the report to that effect.
To issue compliance notice in form No. VIII to the applicant to remove the defects in the applicantion within 30 days.
Competent Authority to finally verify Documents submitted in response to compliance notice and if proper in all respect ,to admit the application or reject the same and on admitting the application, register the same in the
Enquiries if any will be conducted and spot visit will be done by officials of Competent Authority or his authorized officer wherever required.
To admit any person as intervening party in response to Public Notice or who claim to be interested parties against the application and decide about the same by the competent authority
Interested party to file its say and also deliver a copy to the applicant and all other parties made in the application.
Receive the written reply from the Applicant and other opponents based on the submission made by the interested party in response to Public Notice.
Oral Arguments of the applicant, Opponents and the interested parties on the submissions made by each of them and to submit the necessary documents in support of their arguments.
Speaking Order and Certificate of Deemed Conveyance to be issued by Competent Authority or speaking order for rejecting the application.
Competent Authority to execute the Conveyance deed and register and issue a letter to regarding the exemption of his appereance before him to admit the execution before the sub-registrar of assurance at the time of registration of the same.
Deemed Conveyance order shall be passed or Application for the same to be rejected within a period 6 months from the date of receipt of application by the competent authority subject to receipt of relevant documents.
Competent Authority will issue Notice to Promoter/ Opponent and other interested parties on the said land and building.
Hearing to be conducted by Competent Authority.
Submission of Written Arguments by the opponents/ Builder / Land Owner and other interested parties.
The Competent Authority may direct the Opponent to produce certain Documents in support of the statements made by the Builder / opponent based on the arguments of the applicant.
To hear the other parties on the documents produced by the party as per the directions of the Competent Authority and to decide on the same by the competent authority based on written submission and the oral arguments made by all the parties.
Public Notice will be Issued as per the Order of competent Authority in News papers at the cost and expense to be incurred by the applicant in case the notices are not served to the Opponents/ Builders/ Land owners.
Relevant Documents which are required by the Competent Authority to ascertain the authenticity of the Application and to arrive at the Final Decision about granting the conveyance shall be obtained by the Competent Authority through authorized officer at the cost and expense of the Society.
Vetting of Draft Unilateral conveyance deed from the authorized officer appointed by the Competent Authority. Get Professionals to Draft the Unilateral Conveyance deed, if required.