Conveyance and Deemed Conveyance for Mumbai Housing Societies
Clear land title is the foundation of redevelopment. Here is how your society secures deemed conveyance under MOFA when the builder never transferred the property.
Deemed conveyance is the legal remedy that lets a Mumbai housing society obtain registered ownership of its land and building when the original builder has never transferred that title. Under Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963, the promoter (the builder) is legally bound to convey the property to the society once it is formed. When the builder fails to do so — and across Mumbai this is the norm, not the exception — Section 11(3) of MOFA lets the society apply to the Competent Authority, who can order the transfer and get it registered even without the builder's signature. For any society planning redevelopment, a clear conveyed title is the essential first step, because you cannot lawfully offer a developer what your society does not legally own.
What conveyance means, and why it is the legal foundation of redevelopment
Conveyance is the formal, registered transfer of ownership of the plot of land and the structure standing on it, from the builder or original landowner to your registered co-operative housing society. When you buy a flat you own your individual apartment on paper, but the land beneath the building and the building as a whole often remain in the builder's name until a conveyance deed is executed and registered. A co-operative housing society is the body corporate that your flat purchasers form and register under the Maharashtra Co-operative Societies (MCS) Act, 1960; it is meant to hold the land collectively on behalf of all members.
This distinction is not a technicality. A society earns the right to appoint a developer, negotiate extra carpet area, and sign a development agreement only because it holds title to its own land. If the plot is still legally the builder's, the society is effectively a licensee on its own ground — it cannot grant a new developer clean, marketable development rights. Every credible feasibility exercise, every bank that funds construction, and every buyer of the new flats will expect to see a conveyed title first. Section 11 of MOFA squarely places the duty to convey on the promoter; deemed conveyance simply enforces that duty when the promoter defaults.
Conveyance vs deemed conveyance: what is the difference?
There are two ways a society can end up with title. The normal route is an ordinary conveyance, where the builder cooperates and signs the deed. The fallback route is deemed conveyance under Section 11(3) of MOFA, used when the builder refuses, delays, has wound up the company, or cannot be traced. The word “deemed” means the law treats the conveyance as having been made even though the builder never signed it.
| Point of comparison | Ordinary conveyance | Deemed conveyance (Section 11(3) MOFA) |
|---|---|---|
| Who executes it | The builder / landowner signs voluntarily | The Competent Authority orders it; the society registers it unilaterally |
| When it is used | Builder is available and cooperative | Builder refuses, delays, is untraceable or defunct |
| Legal basis | Section 11 of MOFA, 1963, by mutual agreement | Section 11(3) of MOFA, 1963, by order of the Competent Authority |
| Builder's signature | Required | Not required once the order is passed |
| End result | Registered title in the society's name | Registered title in the society's name |
The outcome is identical in both cases: a registered instrument that puts the land and building in the society's name. Section 11(3) merely removes the builder's veto from the process.
Why conveyance must come before redevelopment
Redevelopment is, at its core, the society granting a developer the right to demolish the old building and construct a new one using the plot's floor space index (FSI), in exchange for new flats, a corpus and rent. That grant is only worth something if the society actually owns the land. Three practical problems arise when it does not:
- You cannot pass clean development rights. A development agreement signed by a society that is not the title-holder can be challenged. The builder who still holds the paper title, or their legal heirs, can later claim unused FSI, parking, or a share of redevelopment gains.
- The 79A tender process assumes ownership. The Government of Maharashtra's redevelopment directive issued under Section 79A of the MCS Act, 1960, dated 4 July 2019, sets out how a society appoints a developer transparently. It presumes the society controls its own plot; a disputed title can derail the whole process. Our 79A process guide walks through that framework.
- Financing and sales stall. Banks funding construction, and buyers of the new saleable flats, conduct a title search. A missing conveyance is an immediate red flag that can freeze funding and delay possession.
What this means for your society: confirm your title status at the very start of your redevelopment thinking — before you shortlist developers, not after. If conveyance is missing, treat securing it as project step zero.
Put a number on it: what the missing conveyance is actually worth
“The builder still holds the title” sounds like a paperwork problem. It is not. It is a quantity of built-up area, and your society can work it out this week from two documents: the property card and CTS plan (plot area, recorded owner, and the width of the access road) and the architect’s certificate of FSI consumed.
Under DCPR 2034 the permissible floor space index on a plot is fixed by the width of the road it abuts. Two points of precision matter before you read the table. First, the FSI is computed on the net plot area — excluding land under DP roads, roads for which a sanctioned Regular Line under the MMC Act is prescribed, Regulation 16, Regulation 14 amenity plots, and Regulation 17 reservations to be surrendered (Regulation 30(A)(2)). It is not the gross plot area. Second, a road of exactly 9.00 m falls in the higher band — the sanctioned table reads “less than 9 m” for the basic band and “9 m and above” for the jump. Nine metres is a very common nominal layout width in Mumbai, and getting that boundary the wrong way round costs a society most of its potential.
| Width of access road | Island City (basic 1.33) | Suburbs & extended suburbs (basic 1.00) |
|---|---|---|
| Less than 9 m | 1.33 | 1.00 |
| 9 m and above, less than 12.00 m | 2.00 | 2.00 |
| 12.00 m and above, less than 18.00 m | 2.40 | 2.20 |
| 18.00 m and above, less than 27 m | 2.70 | 2.40 |
| 27 m and above | 3.00 | 2.50 |
Source: DCPR 2034 (sanctioned), Table 12. Greater Mumbai only — the rest of Maharashtra follows the UDCPR.
Worked example
Suburban society. Net plot area, after deducting the strip under the DP road: 1,200 sq m.
Access road width confirmed from the CTS plan and the MCGM DP remark: 14.0 m → band “12.00 m and above, less than 18.00 m” → permissible FSI 2.20.
Permissible built-up area: 1,200 × 2.20 = 2,640 sq m.
Architect’s certificate — built-up area already consumed by the existing building: 1,180 sq m.
Balance built-up area still lying unused on the plot: 2,640 − 1,180 = 1,460 sq m.
That 1,460 sq m is the negotiation. Until the conveyance deed is registered, the name on the property card is the builder’s, and the builder — or their heirs, or whoever bought the shell company — can assert a claim to it. Run those same four lines on your own plot and you walk into the general body with a figure instead of an opinion.
The premium slice is not free. In the example, permissible FSI 2.20 is made up of basic 1.00, additional FSI on payment of premium 0.50, and TDR 0.70. Under Regulation 30(A)(6), premium is charged “at the rate of 50% of the land rates as per ASR (for FSI 1) of the year in which such FSI is granted”. On this plot the premium component is 0.50 × 1,200 = 600 sq m of built-up area, so:
Premium FSI charge — one input, one answer
Premium built-up area: 0.50 × 1,200 sq m = 600 sq m.
Rate: 50% of your ASR land rate for FSI 1, for the year the FSI is granted.
Premium payable = 600 × (0.50 × your ASR land rate per sq m).
Look up one number — the ASR land rate for your CTS number — and that formula gives you a rupee figure to test any developer’s claim about “premium costs”. Many summaries still circulating quote 60%. That is the draft figure; the sanctioned regulation says 50%, and using 60% overstates the charge by a fifth, which conveniently shrinks the surplus a developer says he can share with you.
Why so many Mumbai societies never got conveyance
It is extremely common for a Mumbai society to have functioned for twenty or thirty years without ever holding title to its own plot. Builders historically kept the land in their own name on purpose — to retain unused FSI, parking rights, hoardings, or a claim on future redevelopment gains. Others simply moved to the next project and never completed the paperwork, and some firms have since dissolved or vanished.
Because everyday society life carries on — maintenance, meetings, minor repairs — members rarely notice the missing title until redevelopment is on the table. That is the worst possible moment to discover it. The society's managing committee actually carries a standing duty under its registered bye-laws (the Model Bye-Laws, 2014) to obtain conveyance; in practice that duty is often overlooked for decades. If your society is not yet properly registered or your records are incomplete, begin by putting your house in order — our register your society page explains the groundwork.
Who is the Competent Authority?
For deemed conveyance under Section 11(3) of MOFA, the Competent Authority in Mumbai is the designated District Deputy Registrar of Co-operative Societies. Your society files the application in the prescribed form to this office. The authority is empowered to issue notices to the builder and landowner, hold a hearing, pass a deemed-conveyance order, issue a certificate, and direct that the conveyance be registered — unilaterally, if the builder stays away.
The deemed-conveyance application, step by step
The Section 11(3) mechanism is designed so that an uncooperative builder cannot hold your society hostage. In practice it runs like this:
- Confirm eligibility and put your records in order. Your society must be registered under the MCS Act, 1960, and the period for conveying must have passed. Where your agreement fixes no period, Rule 9 of the MOFA Rules, 1964 gives a default of four months from the date the society is registered — so read the date off your registration certificate and add four months. Verify the current owner shown on the property card, and identify every flat purchaser with a registered agreement.
- Assemble the document file. Collect the title, registration and building-approval papers listed in the table below, including the Sub-Registrar index search that tells you how many flats hold duly stamped registered agreements. Incomplete files are the single biggest cause of delay, so gather certified copies before you apply.
- File the application with the Competent Authority. Submit the application in the prescribed form to the District Deputy Registrar of Co-operative Societies, setting out the society's details, the property, the flats sold, and the builder's failure to convey under Section 11 of MOFA.
- Notices to interested parties. The Competent Authority issues notices to the builder, the original landowner and any other interested parties, and fixes a date for hearing. Everyone gets a fair chance to appear.
- Hearing. At the hearing the society proves the sale of flats and the builder's default. If the builder does not appear or cannot justify the delay, that works in the society's favour.
- Order and certificate. After the hearing the Competent Authority passes an order and issues a deemed-conveyance certificate declaring the society entitled to the transfer.
- Unilateral registration. Armed with the certificate, the society executes and registers the conveyance deed with the Sub-Registrar of Assurances. Because Section 17 of the Registration Act, 1908 makes documents that create rights in immovable property compulsorily registrable, this registration is what actually vests title — and it can be done without the builder's signature.
Documents you will need
The exact list varies by case, but a deemed-conveyance file for a Mumbai society typically includes the following. Keep certified copies, because you will reuse many of the same papers for the redevelopment tender itself.
| Document | Why it is needed |
|---|---|
| Society registration certificate and current member list | Proves the society exists and identifies who the flat purchasers are |
| Registered agreements for sale of flats (Index II) | Establishes each purchase under MOFA and the builder's duty to convey |
| Property card / 7⁄12 extract and CTS (city survey) plan | Shows the current recorded owner and the exact plot boundaries. The CTS plan also gives the width of the abutting road — the single input that fixes your permissible FSI band under Table 12 |
| Sub-Registrar index (Index II) search for the plot, covering every flat | Tells you exactly how many flats have a registered, duly stamped agreement. That count is what fixes your stamp duty exposure — buy this search first, not last |
| Approved building plans and commencement, occupation or completion certificate | Confirms the sanctioned building against which flats were sold |
| Non-agricultural (NA) order, where applicable | Shows the land is validly usable for the building |
| Development agreement and any power of attorney to the builder | Records the original arrangement between landowner and builder |
| Architect's certificate stating permissible FSI (with the Table 12 band), built-up area consumed, and the balance | Converts “unused FSI” into a figure in square metres. Do not accept a certificate that gives only the consumed area — insist all three numbers appear on it |
| Latest property tax and statutory payment receipts | Demonstrates the society has met its outgoings |
A ready-made version of this list, in checklist form, is in our redevelopment checklists, and downloadable document lists are in the downloads section.
Cessed and MHADA buildings: a special note
Old “cessed” buildings in the island city — roughly the area from Colaba to Mahim and Sion — follow a distinct redevelopment track. These are redeveloped with incentive FSI under Regulation 33(7) of the Development Control and Promotion Regulations (DCPR) 2034, administered with MHADA. Title and tenancy in cessed properties can be tangled, so societies here should take particular care to establish the ownership position before appointing a developer. Our page on DCR 33(7) for cessed buildings explains that route in more detail.
Two figures decide a cessed occupant's position, and both are in the regulation itself. Rehabilitation carpet is the carpet actually occupied, subject to a floor of 27.88 sq m (300 sq ft) and a ceiling of 120 sq m (1,292 sq ft); carpet above the ceiling is paid for by the occupant at the cost of construction per that year's ASR. The scheme needs the consent of not less than 51% of the occupiers, and the eligibility list is certified by the Mumbai Repairs and Reconstruction Board. The concrete step here is a letter: write to MBRRB and ask for the certified occupant list — the certified list, not the builder's list — and check your own name and recorded area on it before you sign anything.
Source: DCPR 2034 (sanctioned), Regulation 33(7).
The carpet-area basis: settle the definition before the deed and before the offer
Conveyance settles who owns the plot. The very next argument is about area, and it turns on a definition rather than a measurement. Regulation 2(22) of DCPR 2034 states that “carpet area” has the same meaning as defined in the Real Estate (Regulation and Development) Act, 2016. Under Section 2(k) of that Act, carpet area is the net usable floor area of an apartment, which:
- excludes the area covered by the external walls, areas under service shafts, and the exclusive balcony or verandah area and exclusive open terrace area; but
- includes the area covered by the internal partition walls of the apartment.
That second line is the one to hold on to. An offer sheet that measures your existing carpet net of internal walls understates the base on which every percentage in the deal is then calculated — and the understatement compounds, because your new entitlement is usually quoted as a percentage of that base. Insist that the architect's area certificate filed with the conveyance papers and the developer's offer letter both state carpet on the RERA Section 2(k) basis, for existing and proposed area alike, in the same unit. Ask for square metres alongside square feet: rounding between the two units is where quiet losses hide.
Source: DCPR 2034 (sanctioned), Regulation 2(22); RERA, 2016, Section 2(k).
The deadline, and how to size your stamp duty exposure
When does the builder go into default? This is a date, not a feeling, and you can fix it from your own papers. Your agreement for sale may itself set the period within which the promoter must convey. Where it does not, Rule 9 of the MOFA Rules, 1964 supplies the default: four months from the date the society is registered. So take the date printed on your society registration certificate, add four months, and compare it with any period written into your agreement. After the later of those two dates the promoter is in default of Section 11, and the Section 11(3) route is open. Put that one date into your general body resolution — it is the fact the Competent Authority will look for first.
On timelines after filing, the law intends the Competent Authority to decide a properly filed application within a few months. In real life it depends on how complete your file is, whether the builder contests, and the case load at the registrar's office — so plan for several months to about a year, and start well ahead of redevelopment.
Stamp duty is arithmetic, not a mystery. A conveyance deed is chargeable under the Maharashtra Stamp Act, 1958 on the market value of the property, worked out from the Annual Statement of Rates (the ASR, or “ready reckoner”) entry for your CTS number. The part most societies never work out is that this is not a fresh bill on the whole building. Stamp duty already paid on the registered agreements for sale is adjusted against the duty on the conveyance, because the flat purchasers were already taxed on the same transfer. Your exposure is therefore the flats that fall outside that adjustment — and you can count them.
Worked example — sizing the exposure before you file
1. Flats in the society: 40.
2. From the Sub-Registrar's Index II search, flats holding a registered, duly stamped agreement: 34.
3. Duty already paid on those 34 agreements is adjustable against the duty on the society's deed.
4. Remaining 6 flats — never registered, agreement missing, or stamped on an older and lower value — are where a fresh or deficient-duty demand comes from. Six files to fix, not forty.
Your own version of “six” is the number to establish before you file, and it is why the Index II search is the first document to buy rather than the last. Registration fee on the deed is payable separately under the Registration Act, 1908 at the rate then in force. Both the duty and the fee are computed by the Sub-Registrar of Assurances against the current ASR entry for your CTS number, so ask that office for the computation in writing before you execute the deed — a written computation is checkable; a consultant's verbal estimate is not. Budget separately for the advocate or consultant handling the file.
One ASR figure, two jobs. The same ASR land rate for your CTS number that sets the market value for stamp duty also sets the premium FSI charge, at 50% of it under Regulation 30(A)(6). Get that rate once and you can price both your title and your redevelopment from it.
The bottom line: no title, no clean development rights
A society without conveyance simply cannot give a developer clean development rights. Whoever holds the paper title retains leverage, unused FSI can be disputed, and lenders and prospective buyers of the new flats will hesitate. Completing deemed conveyance under Section 11(3) closes that gap, consolidates the plot's full development potential in the society's hands, and puts the members in a far stronger position at the negotiating table.
Before you leave this page, write down four figures for your own society: the date on your registration certificate plus four months; your net plot area; your permissible FSI from Table 12; and the built-up area your existing building has consumed. The subtraction at the end — 1,460 sq m in our example — is the size of what a missing conveyance leaves exposed. That is the number to put to your general body, and to any developer who tells you the title is “only a formality”.
Once your title is clear, the next questions are about numbers and terms: how much FSI and additional area your plot can unlock, and how competing developer offers compare. Use our FSI calculator to gauge your plot's potential, and read the red flags in a development agreement guide before you sign anything. If you would like a professional to confirm your title status and the project's viability, a feasibility report is a sensible starting point.
Related guides & tools
- Register your society — get your records and registration in order first.
- Redevelopment checklists — the document file for conveyance and the tender.
- The 79A process guide — the transparent way to appoint a developer once your title is clear.
- FSI calculator — estimate the development potential of your plot.
- DCR 33(7) for cessed buildings — the special route for old island-city buildings.
- Feasibility report — a professional check on title and viability.
Common questions
What is the difference between conveyance and deemed conveyance?
Conveyance is the normal, registered transfer of land and building title from the builder to the society, signed voluntarily by the builder under Section 11 of MOFA, 1963. Deemed conveyance under Section 11(3) is the fallback used when the builder refuses, delays or cannot be traced. There, the Competent Authority orders the transfer and the society registers the deed unilaterally, without the builder's signature. The end result is the same registered title in the society's name.
Who is the Competent Authority for deemed conveyance in Mumbai?
The designated District Deputy Registrar of Co-operative Societies is the Competent Authority for deemed conveyance under Section 11(3) of MOFA, 1963. Your society files the application in the prescribed form to this office. The authority issues notices, holds a hearing, passes a deemed-conveyance order, and issues the certificate.
Can a housing society start redevelopment without conveyance?
It is strongly inadvisable. Without conveyance the society does not legally own its land, so it cannot pass a developer clean, marketable development rights. This weakens negotiations, worries banks and buyers of the new flats, and can stall the project. Confirm and fix your title status before inviting developers, since the 79A directive of 4 July 2019 assumes the society controls its own plot.
Does deemed conveyance require the builder's signature?
No. That is the whole point of Section 11(3) of MOFA. Once the Competent Authority passes the deemed-conveyance order and issues the certificate, the society can execute and register the conveyance deed unilaterally with the Sub-Registrar. Because Section 17 of the Registration Act, 1908 makes such a document compulsorily registrable, that registration is what actually vests title.
How long does deemed conveyance take in Mumbai?
The law intends the Competent Authority to decide within a few months of a properly filed application. In practice, expect several months to about a year, depending on how complete your documents are, whether the builder contests, and the registrar office's workload. Starting early, well before redevelopment, is the safest approach.
How long does the builder have to convey the property before he is in default?
Check your own agreement for sale first, because it may set the period. Where it does not, Rule 9 of the MOFA Rules, 1964 supplies the default: four months from the date the society is registered. Take the date on your society registration certificate, add four months, and compare it with any period in your agreement. After the later of those two dates the promoter is in default of Section 11 of MOFA and the Section 11(3) deemed-conveyance route is open to you.
How much unused FSI does conveyance actually put in the society's hands?
Work it out in three lines. Take the net plot area (excluding land under DP roads, a sanctioned Regular Line, Regulation 16, Regulation 14 amenity plots and Regulation 17 reservations, per Regulation 30(A)(2)), multiply by the permissible FSI for your road width from Table 12 of DCPR 2034, then subtract the built-up area already consumed as shown on your architect's certificate. For example: a suburban plot of 1,200 sq m on a 14 m road gets FSI 2.20, so permissible built-up area is 2,640 sq m; if the existing building consumed 1,180 sq m, the balance is 1,460 sq m. That balance is what the negotiation is about, and it is only securely the society's once title is conveyed. Note that a road of exactly 9.00 m falls in the higher band, not the lower one.
How much stamp duty does a deemed conveyance deed attract?
The deed is chargeable under the Maharashtra Stamp Act, 1958 on market value derived from the Annual Statement of Rates for your CTS number, but it is not a fresh charge on the whole building: duty already paid on the registered agreements for sale is adjusted against the duty on the conveyance. So size your exposure by counting. If 34 of 40 flats hold registered, duly stamped agreements, those 34 carry adjustable duty and the remaining 6 are where a fresh or deficient-duty demand arises. Buy the Sub-Registrar's Index II search first so you know that count, and ask the Sub-Registrar for the duty and registration-fee computation in writing before you execute the deed.
What is the correct carpet area basis for the deed and the developer's offer?
Regulation 2(22) of DCPR 2034 says carpet area has the same meaning as in RERA, 2016. Under Section 2(k) of RERA, carpet area excludes the external walls, areas under service shafts, and the exclusive balcony, verandah and open terrace area, but includes the area covered by the internal partition walls of the flat. An offer that measures your existing carpet net of internal walls understates the base on which every percentage in the deal is calculated. Insist that the architect's certificate and the offer letter both state carpet on the RERA Section 2(k) basis, in square metres as well as square feet.
What documents are needed for a deemed conveyance application?
You typically need the society registration certificate and member list, registered flat agreements (Index II), a Sub-Registrar index search covering every flat, the property card or 7/12 extract, the CTS plan, approved building plans, the occupation or completion certificate, the development agreement, and an architect's certificate showing permissible FSI, built-up area consumed and the balance. NA orders and tax receipts may also be required. Requirements vary by case, so keep certified copies ready.
Why must land title be settled before signing a development agreement?
A development agreement grants the developer the right to use the plot's FSI, and that grant is only secure if the society owns the land. If the builder still holds the paper title, the agreement can be challenged and unused FSI or parking can be disputed. Registration is also compulsory for the development agreement under Section 17 of the Registration Act, 1908, so a clear title makes the whole chain of documents enforceable.
Do cessed or MHADA buildings follow the same conveyance process?
The core MOFA duty to convey applies broadly, but old cessed buildings in the island city are redeveloped under Regulation 33(7) of DCPR 2034 with MHADA, and their title and tenancy positions can be more tangled. Societies in cessed buildings should establish ownership carefully before appointing a developer. Our DCR 33(7) page explains that special route.
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