If you live in an apartment society and still don’t have the land title in your society’s name, you’re not alone. Thousands of housing societies across India face the same issue. Builders sold flats, collected money, handed over possession, but never transferred the land ownership. Years pass. The builder disappears or refuses to cooperate. That’s where deemed conveyance in India steps in.
Deemed conveyance is not a shortcut. It’s a legal right given to flat owners when a builder fails to execute the conveyance deed. It allows a housing society to legally claim ownership of land and building through a government authority. Once granted, the society gets control over redevelopment, extra FSI, and legal security.
In this guide, we’ll break down what deemed conveyance really means, who needs it, how the process works, and why delaying it can cost you money. Simple language. Real examples. No legal jargon overload.
What Is Deemed Conveyance in India?
Deemed conveyance is a legal process where ownership of land and building is transferred to a housing society without the builder’s consent, through a competent authority.
It applies when:
- The builder has sold flats
- Possession is given
- But the conveyance deed was never executed
Instead of waiting forever, the law allows societies to apply for deemed conveyance and secure ownership.
In simple terms: If the builder won’t sign, the government steps in.
Why Deemed Conveyance Matters for Housing Societies
Without conveyance, your society is living on borrowed ground. You may occupy the flat, but the land still belongs to the builder on paper.
Here’s what changes after deemed conveyance:
- Society becomes legal owner of land
- Redevelopment becomes possible
- Extra FSI rights belong to the society
- Property disputes reduce
- Flat resale becomes smoother
A Mumbai housing society gained redevelopment rights worth crores only after securing deemed conveyance. Before that, buyers hesitated. Banks raised questions.
Ownership clarity changes everything.
Who Can Apply for Deemed Conveyance?
Not everyone can file it individually. The application must come from a registered housing society.
Eligible applicants include:
- Cooperative housing societies
- Condominium associations
- Apartment owners’ associations
Conditions:
- Society must be registered
- At least 60 percent members should support the application
- Builder has failed to execute conveyance within the legal time frame
When Should a Society Apply for Deemed Conveyance?
There’s no benefit in waiting.
Apply when:
- Builder is untraceable
- Builder refuses to cooperate
- Project is old and conveyance not done
- Society plans redevelopment
- Land ownership documents are missing
Many societies apply 10 to 20 years late. That delay costs them control, money, and legal peace.
Deemed Conveyance Process in India Step by Step
Here’s how the process works in practice.
Step 1: Collect Required Documents
Common documents include:
- Society registration certificate
- Sale agreements of members
- Occupation certificate
- Approved building plans
- Property card or land records
- Legal notices sent to builder
Missing documents don’t stop the process. Authorities allow secondary proof.
Step 2: Issue Legal Notice to Builder
A formal notice is sent asking the builder to execute conveyance within a set time. This step proves non-cooperation.
Step 3: File Application Before Competent Authority
The application is filed with:
- District Deputy Registrar or
- Competent Authority under local law
The authority reviews documents and objections.
Step 4: Hearing and Verification
Builder gets a chance to respond. If absent or non-compliant, the authority proceeds.
Step 5: Order for Deemed Conveyance
Once approved, the authority passes an order transferring ownership to the society.
Step 6: Registration of Conveyance Deed
The deemed conveyance deed is registered with the sub-registrar. Ownership finally reflects in government records.
Documents Required for Deemed Conveyance
Exact requirements vary by state, but usually include:
- Society registration certificate
- Individual sale agreements
- Approved layout and building plans
- Occupation certificate or completion proof
- Index II documents
- Property tax receipts
- Builder agreement copies
- Legal notice proof
If documents are missing, affidavits and RTI-based records can help.
Deemed Conveyance vs Conveyance Deed
Many people confuse the two.
Conveyance deed:
- Voluntary
- Signed by builder
- Faster if builder cooperates
Deemed conveyance:
- Legal remedy
- Authority-driven
- Used when builder fails
Both result in ownership transfer. The route differs.
Common Problems Faced During Deemed Conveyance
Societies often struggle with:
- Missing land records
- Builder-created multiple layouts
- Mortgages not disclosed earlier
- Builder objections at late stage
These issues slow things down but don’t block the process if handled properly.
This is where expert guidance matters.
How Deemed Conveyance Helps in Redevelopment
No developer will sign a redevelopment deal unless the society owns the land.
With deemed conveyance:
- Society controls development rights
- Negotiating power improves
- Members get better terms
- Legal risks drop
Many stalled redevelopment projects move forward only after conveyance is clear.
How Aspire Kingdom Helps Housing Societies
At Aspire Kingdom, we help societies move from confusion to clarity.
Our role includes:
- Document review and gap identification
- Coordination with legal experts
- End-to-end process support
- Advisory for redevelopment readiness
If your society is unsure where to start, we help you assess the situation before money gets wasted.
Call to action moments should feel natural. This is one of them.
If your society still doesn’t own the land, it’s time to act.
Final Thoughts
Deemed conveyance in India is not a loophole. It’s a safeguard for homebuyers. If your society has waited long enough, the law is on your side.
Ownership brings control. Control brings value.
Delaying it only strengthens the builder’s position, not yours.
Important FAQs on Deemed Conveyance in India
1. What is deemed conveyance in India?
It is a legal process that transfers land ownership to a housing society when the builder fails to execute conveyance.
2. Is deemed conveyance legal?
Yes. It is recognized under property and cooperative housing laws.
3. Who can apply for deemed conveyance?
Only registered housing societies or associations can apply.
4. How long does deemed conveyance take?
It usually takes 6 to 12 months, depending on document clarity and objections.
5. Can deemed conveyance be challenged?
Builders can object, but if documents are valid, authorities usually rule in favor of societies.
6. Is deemed conveyance required for redevelopment?
Yes. Without ownership, redevelopment approvals become difficult.
7. What if original documents are missing?
Authorities accept secondary proof, affidavits, and RTI records.
8. Is deemed conveyance applicable across India?
The process exists nationwide, but authorities and rules vary by state.
9. Can individual flat owners apply?
No. The application must be made by the society.
10. How can Aspire Kingdom help?
Aspire Kingdom guides societies through documentation, legal coordination, and redevelopment readiness.
