PROCEDURE FOR FILING AN APPLICATION FOR DEEMED CONVEYANCE:
There are certain important conditions which need to be fulfilled to go ahead for deemed conveyance, some of them are:
1. At least 60% of the flats in that scheme should be sold.
2. A Co-operative Society or Association of Persons should have been formed of the flat-owners and at least 3-4 months should have been passed since then.
3. There should be communication between the builder and the society or AOP regarding Deemed Conveyance wherein the builder should have made a promise of completion of conveyance or refused to do the same.
After the above mentioned conditions are fulfilled, the following steps shall be taken:
Write a letter /email to builder/ promoter requesting him to provide a draft of the SALE DEED/ CONVEYANCE DEED or providing the draft to him and requesting him to sign the same.
• If the Builder rejects or postpones the same, send him a legal notice through an advocate requesting for the same.
• Even then if the builder refuses, File an application with the Registrar of Co-operative Societies together with all the relevant documents and 2000 Rs. Court stamp fees.
• Self-attestation all the copies enclosed (by the society)
• The Competent Authority will assess the application and if any documents are missing he will ask the applicant to correct the mistake within fifteen days.
• Thereafter, notice would be sent to the promoter and the land owners.
• After receipt of the notice by the land owners and the promoters, the authority will hear both parties in the first hearing and ask both parties to produce further evidences in next hearing.
• Thereafter, second hearing would be held and if the builder or landowners do not attend both first and second hearing then the authority will pass an exparte order.
• Thereafter, the third and final hearing would be held and the authority would be held and order would be passed unless a legal question is raised.
• Normally the whole process is completed within a period of 6 months.