Conveyance of a Property is transferring the Rights, Title, Interest and Ownership of a Property from the Seller to the buyer. In case of a Co- Operative Housing Society (formed by the Flat Purchasers/ Owners under the provisions of Maharashtra Co- Operative Societies Act, 1960), Conveyance is transferring the Rights, Title, Interest and Ownership of the Land and Building from the Land Owner/ Property Developer to the Co- Operative Housing Society.

We were already working on several cases of a similar kind under the provision of Maharashtra Ownership Flats Act, 1963(MOFA). Nearly 80% of the Co-operative Housing Societies had not received the Conveyance of land and building in their favour from the Builder. The amendments were to be carried out in the Maharashtra Ownership Flats Act, 1963 under the auspices of a Competent Authority to hear the grievances on Conveyance by the Societies or other legal bodies in 2005. The President of India gave the assent on February 25, 2008, and it became the Law of the Land.

In June 2008, the necessary notifications were issued by the Government of Maharashtra designating the District Deputy Registrars of the Co-operative Societies as the Competent Authorities under the MOFA even after a lapse of 18 months cases were accepted by the Competent Authority. Execution & Registration of Conveyance, Deemed Conveyance, Deeds & Agreements etc..

Deemed Conveyance is an Amendment under sub- section (3) of section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. The following will give you more clarity on what this is all about.

• Deemed Conveyance Amendment is applicable to the Societies that have not received Conveyance from the Land Owners & Property Developers
within 4 Months of their formation.
• The aggrieved Society shall make a Deemed Conveyance Application to the Competent Authority designated by Government of Maharashtra.
• The Deemed Conveyance Application of the Society shall include the Documents notified by Government of Maharashtra for Deemed
Conveyance.
• The Competent Authority shall hear the say of the Land Owners & Property Developers.
• The Competent Authority on satisfaction shall issue the Deemed Conveyance Order & Certificate in favour of the
Aggrieved Society.
• The Competent Authority shall execute the Deemed Conveyance Deed on behalf of the Defaulting Land Owners & Property Developers with the Aggrieved Society.

List of Documents for Deemed Conveyance as under

• Resolution & Notice to Builder
• Development Agreement
• Power of Attorney
• Layout Plan (Blueprint)
• Commencement Certificate, if so
• Completion Certificate, if so
• 7/12 Extract
• Search Title Report
• N.A. Order & U.L.C Order
• Single copy of an Agreement (First Buyer)
• All Index- II of all flats/shops
• Architect Certificate of Area
• Society Registration Certificate

For More information please contact us:
Advocates for Deemed Conveyance in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088

We offer legal consultancy on an annual basis for Co-Operative Housing Societies in and around.
The legal consultancy will be provided for registered & to be registered societies on following services:-

1. Consultancy for Society Registration / Formation.
2. Consultancy for Conveyance Deed / Deemed Conveyance.
3. Consultancy for society issues mentioned here in under:
   1. Recovery Proceeding u/s. 101 MCS Act 1960 [ Up to Rs. 25,000/- recovery only.]
   2. Consultancy & basic compliance for recovery i.e. issuance of notices etc… and letters to defaulter members etc…
   3. Consultancy regarding laws and bylaws of the society.
   4. Consultancy for procedure related to share certificates.
   5. Consultancy for the election of managing committee.
   6. Consultancy for GBM, SGM & AGM etc…
   7. Consultancy to initiate legal proceedings against any member who causes nuisance to the society
   8. Consultation for documents authentication.
   9. Consultancy for any other miscellaneous society related matters excluding the following judicial or quasi-judicial matters [Court Cases].

For More information please contact us:
Advocates for Deemed Conveyance in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088

FORMATION / REGISTRATION OF CO-OPERATIVE HOUSING SOCIETIES IN PUNE

According to the Law, every Builder / Developer has to form a Housing Co-operative Society with limited options available in this regard to managing the affairs of the building i.e.

(a) Condominium

(b) Private Limited Company and

(c) Co-operative Society, (excluding the unrealistic rental housing),

It wouldn’t be an exaggeration to state that in at least 90% the Promoters and / or the Builders have formed a Housing Co-operative Society.

The basic requirements for a Co-operative Housing Society Registration normally are unknown to the flat/unit purchasers. It is the statutory obligation cast upon the builder, where the builder acts as a friend, philosopher, and guide of the promoters and helps them in forming a Co- operative Housing Society.

There are four types of Housing Co-operative Societies

(a) Open Plot type Societies [Tenant ownership]

(b) Flat Owners Societies [Tenant Co-partnership]

(c) Tenant Societies

(d) Housing Board Societies.

The procedure for <strong>Co-operative Housing Society Registration</strong> begins with electing a Chief Promoter in a meeting of the Promoters. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer / flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters. Normally, the name reservation proposal should be accompanied by the signature of at least 5 Promoters who have attended the meeting. It is a common belief that the Society should consist of at least 5 members. It would be of interest to note that the model bye-laws define flat as a Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or showroom, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society.

The documents that need to be submitted to the Registering Authorities for Housing Co-operative Society Registration are as under:

1. Application for registration of Housing Co-operative Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.

2. Information about proposed Housing Co-operative Society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).

3. Information about promoter members of the proposed Housing Co-operative Society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).

4. A Statement of Accounts as per Form D.

5. Model Bye-laws.

6. Bank Balance Certificate.

7. S.B.I. / Treasury Challan for payment of Registration Fee of Rs. 2500

8. Title Clearance Certificate from an Advocate

9. A true copy of the approved Building Plan.

10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).

11. Affidavit on Rs. 100/- Stamp Paper from at least 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.

12. An affidavit from the Chief Promoter on Stamp Paper of Rs. 100/- executed before the Competent Authority in form ‘Y’.

13. Certified True Copy of an agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.

14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorizing the promoter to sign on behalf of firm / company. 15. In the case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal. It is the duty of the Registrar to register the society and on registration of the society; it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society, the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. The quantum of the capital being introduced by the member is not of much importance. Preference should be given to the formation of a private limited company if one member proposes to acquire the majority of flats in the building.

Ved Legal offers expert legal services tailored for Cooperative Housing Societies undertaking redevelopment. With extensive experience in conveyance, compliance, and cooperative law, we ensure societies are legally empowered throughout the redevelopment journey.

1. Pre-Redevelopment Legal Advisory

Legal feasibility analysis of redevelopment

Review of title, conveyance status & society records

MOFA, RERA, and UDCPR compliance advisory

Drafting of notices, circulars & society resolutions

2. Developer Selection (Legal Oversight)

Legal vetting of tenders & RFP documents

Due diligence of developer credentials & litigation history

Drafting of Letter of Intent (LoI)

Legal compliance for general body resolutions

3. Drafting & Vetting of Legal Documentation

Development Agreement

Power of Attorney (PoA)

Tripartite Agreements

Indemnity Bonds, Consent Letters & Member Agreements

4. Regulatory Filings & Legal Representation

Compliance with MOFA, RERA, Maharashtra Cooperative Societies Act

Approvals before Registrar, Collector, PMC/PCMC, SRA

Drafting and response to legal notices

Representation in case of objections or disputes

5. Post-Agreement Legal Support

Monitoring of developer’s legal obligations

Dispute resolution during construction or delays

Advisory on Occupancy Certificate (OC), society reconstitution & final conveyance

Why Choose Ved Legal?

Specialized in Cooperative & Redevelopment Law

Independent & Society-Centric Legal Approach

Proven Track Record with Housing Societies Across Pune

Transparent & Structured Legal Process

Partner with Ved Legal for Legally Secure Redevelopment

From the first society meeting to final handover, we stand by your side