As Per the order of Deemed Conveyance is Concerned I have undertaken and successfully completed the entire procedure of Deemed Conveyance of various co-operative housing societies. From the work of filing with the DDR (District Deputy Registrar) to adjudicating with the collector of stamps the Conveyance Deed along with the order of Deemed Conveyance and Registration of the same with the concerned Sub - registrar of assurances. I am also highly successful with the work of transferring of the property card in the city survey office in the name of Co-operative Societies. In short I have successfully handled the below mentioned 3 procedures involved in the work of DEEMED CONVEYANCE.
The promoter under section 11 of MOFA Act has to take necessary steps to do the conveyance in favour of the already formed society. It is a criminal offence, if within 4 months of the formation of the society the developer does not convey land and building in the name of the co-operative society, then the society can file an application with the District Deputy registrar (DDR) for getting Conveyance of land and building in the name of the society. The DDR after checking the required documents and after hearing all the parties like the Applicant and all other applicable opponents will issue order of UNILATERAL DEEMED CONVEYANCE in favour of the co-operative society.
After receiving the Order of Deemed Conveyance from the District Deputy Registrar (DDR), the same along with the draft of Conveyance has to be send to the Collector of Stamps for assessment of proper stamp duty and registration of the same in the name of the society. The collector of Stamps will check whether all the current owners of the flats have paid proper stamp duty or not and if all the current owners have paid proper stamp duty and if the addition of all the built up areas of the flats in the society are more than the area in the property card or the permissible area shown in the approved plan of BMC then the stamp duty for deemed conveyance will Rs. 100. But if the area in the property card is more than the total built up areas of all the flats or the permissible area shown in the approved BMC plan is also more than the total built up areas all the flats then the balance area have to pay the stamp duty on the construction cost applicable to that area. If any of the members have paid less stamp duty then the deficit amount of stamp duty will be charged at 2% per month penalty to the maximum of 400%. After the Deed of Conveyance is Adjudicated along with the Order of Deemed Conveyance it has to be registered with the sub-registrar of Assurances.
After the Registration of Deed of Conveyance along with the Deemed Conveyance Order through the deemed conveyance lawyer the said has to be submitted to the CITY SURVEY OFFICE and the name of the society will appear on the PROPERTY CARD. The city survey officer after checking the certified copy of the registered Conveyance Deed, registered along with the order of Deemed Conveyance transfer the property card in the name of the said co-operative housing society. Only after the said Property Card is transferred in the name of the said co-operative housing society it will be said that the entire process of Deemed Conveyance is completed.