Deemed Conveyance in Large Housing Complexes: Legal Challenges, Practical Pitfalls & Recommended Approach
Introduction In Maharashtra, deemed conveyance is a powerful legal remedy under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA") and the Maharashtra Government Notification dated 27.09.2010, enabling societies to obtain conveyance of land and building in their name when the builder fails to do so voluntarily. However, in large multi-phase complexes with multiple societies and shared infrastructure, practical and legal challenges arise. This blog outlines the real-world issues and provides a legally sound roadmap for societies facing such scenarios. --- 1. Legal Framework Section 11 of MOFA: Obliges the promoter to convey title to the society or association of flat purchasers within four months of formation. Rule 11(1) of the Maharashtra Ownership Flats Rules, 1964: Provides the procedure for applying for deemed conveyance. Section 5 of the Maharashtra Apartment Ownership Act, 1970 (in some layouts)...