By S&S Co. Advocates & Solicitors · Published 24 September 2026 · Informational content, not legal advice — see our disclaimer
The Promoter's Obligation to Convey Title
A promoter is legally obligated to convey title in the land and building to the association of allottees within a defined window: under RERA, within three months of the occupancy certificate being issued; and under Maharashtra's older Maharashtra Ownership of Flats Act (MOFA), within four months of the flat purchasers' organisation being formed. In practice, many promoters simply fail to act on this obligation once the project is substantially sold out, leaving the society without formal title to the land it occupies.
Deemed Conveyance: Bypassing an Uncooperative Builder
Where a promoter fails or refuses to execute a conveyance deed voluntarily, the association need not sue the builder in a civil court to get title. Instead, it can apply for a unilateral 'deemed conveyance' before the Competent Authority — in Maharashtra, the District Deputy Registrar of Cooperative Societies — which has the power to register the conveyance in the society's favour without requiring the promoter's participation or consent at all.
The application in Maharashtra is made on the prescribed Form VII under the MOFA Rules, together with the requisite court-fee stamp, and must enclose true copies of members' registered agreements for sale, the society's registration certificate, and other project documentation establishing the members' collective entitlement to the property.
What Deemed Conveyance Does — and Does Not — Resolve
A deemed conveyance passes title to the land and building to the society, giving it the legal standing it needs to manage, mortgage, redevelop or repair the property in its own right. It does not, however, automatically resolve separate disputes the society may have with the builder over additional FSI the builder may have retained, unauthorised construction, or amenities the builder promised but failed to provide — those issues typically need to be pursued through their own, separate proceedings.
Because this MOFA-based mechanism, in its specific procedural detail, is a Maharashtra state law, societies in other states should confirm what their own state provides — most other states rely primarily on RERA's Section 11 conveyance framework, which is generally less procedurally developed than Maharashtra's dedicated deemed-conveyance regime.
A Practical Note on Timing
Housing societies should apply for deemed conveyance promptly once formed, rather than waiting. Delay does not extinguish the underlying right to apply, but it does delay the society's own ability to raise finance, undertake redevelopment, or carry out major repairs that require clear title in the society's name — all of which become materially harder while title remains with an unresponsive builder.
Frequently Asked Questions
What is 'deemed conveyance' and when can a society apply for it?
It is a mechanism allowing a housing society or association of allottees to obtain title to land and building unilaterally, before a Competent Authority, where the builder has failed or refused to execute a voluntary conveyance deed within the statutory window.
Does a deemed conveyance require the builder's cooperation?
No. The Competent Authority — the District Deputy Registrar of Cooperative Societies in Maharashtra — can register the conveyance in the society's favour without the promoter's participation once the application and supporting documents are in order.
Does deemed conveyance resolve all disputes with the builder?
No. It transfers title in the land and building, but does not by itself resolve separate disputes over additional FSI, unauthorised construction, or promised amenities the builder failed to provide — those require their own separate proceedings.
Is the deemed conveyance mechanism the same in every state?
No. The detailed procedural mechanism (Form VII, the specific Competent Authority) described here is Maharashtra-specific under MOFA. Other states generally rely on RERA's Section 11 conveyance framework, and societies should confirm their own state's specific provisions.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Real Estate (Regulation and Development) Act, 2016, Section 11.
- Maharashtra Ownership of Flats Act, 1963 (MOFA), Section 11, and the MOFA Rules governing deemed conveyance applications.