Conveyance, Deemed Conveyance & Redevelopment
Conveyance is not merely a legal formality — it's the foundation of a housing society's ownership rights and future redevelopment potential. Many housing societies across the Mumbai Metropolitan Region still don't possess conveyance, creating uncertainty around ownership, development rights, and redevelopment opportunities.
Before discussing housing society redevelopment, appointing a developer, or negotiating project terms, every society should first determine whether its land and building have been legally conveyed in its name. Maharashtra introduced the deemed conveyance mechanism precisely to help societies obtain ownership when developers fail to transfer title voluntarily.
Check Your Society's Conveyance Status →
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Stages From Title to Possession
Conveyance Isn't a Formality — It's the Foundation
Just as an Occupation Certificate confirms a building is legally habitable, conveyance confirms your society legally owns the land it stands on. Without it, redevelopment discussions, developer appointments, and project negotiations all rest on shaky ground.
- Confirms your society legally owns the land and building — not just the individual flats
- Determines whether you can responsibly begin redevelopment discussions at all
- Gives your society stronger bargaining power with developers, lenders, and buyers
- Backed by Maharashtra's deemed conveyance mechanism when a developer won't cooperate
A society that owns its land typically enjoys stronger bargaining power during redevelopment discussions — developers, lenders, consultants, and purchasers generally prefer clear title.
The Conveyance Checklist
Maintaining these records significantly improves a society's ability to pursue conveyance and redevelopment. Documents commonly required include:
- Society Registration Certificate
- Society Bye-laws
- AGM/SGM Resolutions
- Member Register
- Registered Flat Agreements
- Index-II Copies
- Property Card / 7/12 Extract
- CTS Plan / Survey Plan
- Approved Building Plans
- Commencement Certificate
- Occupation Certificate
- Development Agreement
- Power of Attorney
- Architect Certificate
- Property Tax Receipts
- Legal Notice to Builder
- Draft Conveyance Deed
- Society Affidavits and Resolutions
Partnership vs Pitfalls
For Societies: Do This
Maintain transparency with members, conduct regular meetings and circulate updates, obtain conveyance or deemed conveyance before redevelopment, appoint an independent PMC and legal advisor, and evaluate developers on capability and delivery history — not just the highest offer.
For Developers: Do This
Cooperate in conveyance execution, share project feasibility reports, provide realistic construction timelines, offer fair rent and corpus compensation, stay transparent on FSI, TDR, approvals and finances, and respect society resolutions and member rights.
Society Mistakes to Avoid
Starting redevelopment without title clarity, selecting a developer solely on the highest financial offer, ignoring structural audits, poor documentation and record-keeping, and moving ahead without member consensus.
Developer Mistakes to Avoid
Delaying conveyance, making unrealistic promises, concealing project risks, offering inadequate guarantees, frequent design changes, and a poor redevelopment track record.
Developer Due Diligence
Thorough due diligence reduces redevelopment risk substantially. Before appointing a developer, societies should verify:
- Company registration documents
- RERA registration
- Completed and ongoing projects
- Financial strength and funding capability
- Litigation history
- Bank guarantee proposals
- Rent compensation plans
- Corpus fund offers
- Additional carpet area commitments
- Construction timelines
- Quality specifications
- Insurance coverage
- Escrow and funding arrangements
The Redevelopment Process
- Title Verification. Verify ownership records and conveyance status.
- Conveyance / Deemed Conveyance. Obtain legal ownership of the property.
- Society Resolution. Conduct meetings and pass redevelopment resolutions.
- Appointment of PMC. Engage architects, engineers, and consultants.
- Feasibility Study. Assess redevelopment potential and project economics.
- Tender Process. Invite and evaluate developer proposals.
- Developer Selection. Select the most suitable developer through a transparent process.
- Agreements. Execute the Development Agreement and PAAA agreements.
- Approvals. Obtain municipal approvals and RERA registration.
- Construction. Members vacate, demolition occurs, and construction begins.
- Possession. New units are delivered, the occupation certificate is obtained, and members return to the redeveloped property.
Conveyance → Deemed Conveyance (if required) → Redevelopment. Skipping the first step to rush the last one is where most society disputes begin.
Why Conveyance Matters Before Redevelopment
A society that owns its land typically enjoys stronger bargaining power during redevelopment discussions. Developers, lenders, consultants, and purchasers generally prefer clear title. Conveyance can reduce uncertainty, improve negotiation leverage, and help societies protect member interests throughout the redevelopment journey.
The Bottom Line
For housing societies in Mumbai, Thane, Mira Road, Vasai, Virar, and Navi Mumbai, a society that secures ownership rights, maintains proper documentation, and follows a transparent redevelopment process is better positioned to achieve a successful outcome for all members.
Conveyance is not the end of the process — it's often the beginning of a stronger future for the society.
Frequently Asked Questions
What is deemed conveyance?
Deemed conveyance is a legal mechanism under Maharashtra's Ownership Flats Act that lets a housing society obtain ownership of its land and building through a competent authority when the developer fails or refuses to execute a conveyance deed voluntarily.
Can a society start redevelopment without conveyance?
It's not advisable. A society without clear title has weaker bargaining power, and developers, lenders, and RERA authorities generally prefer working with societies that hold clear ownership. The safer path is Conveyance → Deemed Conveyance (if required) → Redevelopment.
How long does the redevelopment process typically take?
Timelines vary by project, but the process generally follows 11 stages — from title verification and society resolutions through approvals, construction, and possession. Delays are more common when conveyance, documentation, or developer due diligence are skipped or rushed.
What's the biggest mistake societies make during redevelopment?
Starting redevelopment before confirming title clarity, or selecting a developer based solely on the highest financial offer rather than capability, credibility, and delivery history.
Not Sure If Your Society Has Conveyance?
Whether your society needs help pursuing deemed conveyance, evaluating developers, or planning redevelopment the right way, Asraa Realty can guide you through every stage — starting with a clear read on where your society currently stands.
Want to read the regulation yourself? Check deemed conveyance provisions via MahaRERA or your local municipal corporation portal.
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