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practical-guides:builder-not-executing-conveyance-deed-forming-society [2026/06/05 04:00] – created - external edit 127.0.0.1practical-guides:builder-not-executing-conveyance-deed-forming-society [2026/06/12 12:35] (current) – Batch 2 rewrite: answer-first, topic-specific content and metadata Shrawan Pathak
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-{{htmlmetatags>metatag-title=(Builder Delaying Conveyance Deed or Society? Act Now)&metatag-description=(Builder refusing conveyance deed or blocking society formation? Use RERA, deemed conveyance, and RTI to force compliance. Step-by-step India guide 2026.)&metatag-keywords=(Real Estate and RERA, builder, conveyance, deed, executing, forming, society)&metatag-robots=(index,follow)&metatag-og:title=(Builder Delaying Conveyance Deed or Society? Act Now)&metatag-og:description=(Builder refusing conveyance deed or blocking society formation? Use RERA, deemed conveyance, and RTI to force compliance. Step-by-step India guide 2026.)&metatag-og:type=(article)}}+{{htmlmetatags>metatag-title=(Builder Not Executing Conveyance Deed or Forming Society: See the Full Guides)&metatag-description=(This page points to our full guides on a builder delaying the conveyance deed RERA section 17, deemed conveyance and on society formation.)&metatag-keywords=(Housing and RERA)&metatag-robots=(noindex,follow)&metatag-og:title=(Builder Not Executing Conveyance Deed or Forming Society: See the Full Guides)&metatag-og:description=(This page points to our full guides on a builder delaying the conveyance deed RERA section 17, deemed conveyance and on society formation.)&metatag-og:type=(article)}}
  
-====== Builder Won't Execute Conveyance Deed or Form Society? Here Is Your Action Plan ======+====== Builder not executing the conveyance deed or forming the society? ======
  
-**Your builder took possession money, gave you the keys, and then went quiet — no housing society registered, no conveyance deed executed. This guide shows you how to use RERA, state cooperative society law, deemed conveyance (strongest in Maharashtra), and RTI to compel compliance and secure your collective title to the land.**+**Reviewed on:** 2026-06-12.
  
 {{:practical-guides:builder-not-executing-conveyance-deed-forming-society.webp|Builder Won't Execute Conveyance Deed or Form Society? Here Is Your Action Plan}} {{:practical-guides:builder-not-executing-conveyance-deed-forming-society.webp|Builder Won't Execute Conveyance Deed or Form Society? Here Is Your Action Plan}}
  
-**Reviewed on:** 2026-05-29.+The full guide on the conveyance deed, including RERA section 17 and deemed conveyance in Maharashtra, lives at [[practical-guides:builder-delayed-conveyance-deed-society|builder delaying the conveyance deed]].
  
-<WRAP center round info 95%> +Also useful:
-**Quick answer** +
- +
-Two separate legal duties sit on every builder: form a housing society within three months (RERA Section 11(4)(e)) and execute a registered conveyance deed within three months of the Occupancy Certificate (RERA Section 17). If they ignore both, flat owners can register the society independently, file a RERA complaint, and — in Maharashtra — apply for deemed conveyance via the Mahasahakar portal. RTI helps you get sanctioned plans and the Occupancy Certificate from the municipal authority. +
-</WRAP> +
- +
-===== Who this guide is for ===== +
- +
-This guide is for flat or apartment buyers in India — individually or as a group — who face any one or more of these situations: +
- +
-  * You have possession of your flat but the builder has not registered (or initiated registration of) a cooperative housing society, apartment owners' association, or residents' welfare association on behalf of the project. +
-  * A society was registered long ago but the builder has not executed a conveyance deed transferring the land and building title to the society. +
-  * The builder is actively obstructing society meetings, withholding the original title documents (mother deed, development agreement, sanctioned plans), or refusing to hand over common areas. +
-  * You are in Maharashtra and want to use the deemed conveyance route through the Mahasahakar (District Deputy Registrar) portal. +
-  * You need the municipal corporation's records — sanctioned plan, Occupancy Certificate — to build your case and the builder refuses to share them. +
- +
-State laws differ. RERA applies nationwide to registered projects. The deemed conveyance mechanism under MOFA (Maharashtra Ownership Flats Act 1963) and the Mahasahakar online system is **specific to Maharashtra** and is the most fully developed administrative route in any Indian state. Residents in other states will rely primarily on their state RERA authority and state cooperative society law. +
- +
-===== What you can do this weekend ===== +
- +
-==== Friday evening ==== +
- +
-Pull out your sale agreement and check two things: (1) whether your project is registered with your state RERA — you can verify this in under two minutes on your state RERA portal by searching the project name; and (2) whether your agreement contains any clause about society formation or conveyance timelines. Make a note of the project RERA registration number — you will need it for the RERA complaint. +
- +
-Create a shared WhatsApp group or Signal group with as many flat owners in your building as you can reach. You need at least ten members to independently register a cooperative housing society in most states (check your state's cooperative societies act for the exact minimum — it varies). +
- +
-==== Saturday ==== +
- +
-Collect evidence as a group. Each owner scans or photographs their: sale agreement, allotment letter, possession letter, and any emails or letters from the builder mentioning society formation or conveyance. Pool these into a shared folder. Print the RERA project page showing the project registration, sanctioned units, and declared timeline — this is your baseline. +
- +
-If the builder's correspondence has gone silent, draft and send a group email (from a common email address) to the builder's registered address, project manager, and any named director. Keep this email factual, non-abusive, and specific: state how many months have passed since 51% of apartments were booked or since possession was given, and ask for a written timeline for society registration and conveyance deed execution. This email creates a paper trail even if it goes unanswered. +
- +
-==== Sunday ==== +
- +
-Prepare your RTI application to the municipal corporation or development authority (whichever gave the building approval for your project). You want certified copies of: the sanctioned building plan, the Commencement Certificate, and the Occupancy Certificate (or a written reply if it has not been issued). These documents are held by the public authority — not the builder — so RTI is squarely applicable. Use the [[/file-rti-online-india|RTI online filing guide]] to submit this application. If the OC has not been issued, you will know early so you can address that barrier separately before filing for deemed conveyance (an OC is a prerequisite for the conveyance route in Maharashtra). +
- +
-In parallel, decide which member of the buyer group will anchor the process — attend hearings, liaise with a cooperative society lawyer, and monitor the RERA portal. Rotating responsibility rarely works; designate a lead. +
- +
-===== Documents and evidence checklist ===== +
- +
-^ Document ^ Why you need it ^ Where to get it (if missing) ^ +
-| Sale agreement / allotment letter (all flat owners) | Establishes each owner's title; shows agreement date and possession date | Your own records; Sub-Registrar certified copy if lost | +
-| Possession letter | Triggers RERA timeline obligations on the builder | Builder's office; if refused, note refusal in writing | +
-| Index II copies from Sub-Registrar | Confirms registered owner of each flat; needed for DDR/RERA applications | Sub-Registrar office for your survey/CTS/plot number | +
-| RERA project registration certificate | Confirms project is RERA-registered; basis for Section 31 complaint | Your state RERA portal — free public search | +
-| Sanctioned building plan | Verifies approved FSI, number of units, amenities promised | **RTI to municipal corporation / development authority** | +
-| Occupancy Certificate (OC) | Mandatory prerequisite for deemed conveyance in Maharashtra; also confirms building's legal occupancy status | **RTI to municipal corporation** or builder; state RERA portal | +
-| Commencement / Completion Certificate | Shows construction was approved at each stage | **RTI to municipal corporation / planning authority** | +
-| Development agreement between builder and landowner | Shows original land title and builder's authority to sell; critical for deemed conveyance draft deed | Builder; also available at Sub-Registrar (registered document) | +
-| 7/12 extract or property card (Maharashtra) / equivalent | Shows current ownership of the plot in revenue records | Mahabhumi portal (Maharashtra) / state land records portal | +
-| Society registration certificate | Required before applying for deemed conveyance; proves society is a legal entity | District Deputy Registrar of Cooperative Societies (after you register) | +
-| Legal notice to builder (registered post) | Prerequisite for RERA complaint and deemed conveyance application; proves demand was made | Drafted by you or a lawyer; sent by registered post with acknowledgement | +
-| Proof of stamp duty and registration fees paid on individual sale deeds | Establishes each owner has completed their purchase; required for DDR application | Sub-Registrar receipt / endorsement on registered sale deed | +
- +
-===== Step-by-step action plan ===== +
- +
-==== Step 1: Verify your project's RERA status ==== +
- +
-Before filing anything, check whether your project is registered with your state RERA authority and whether it is currently active or lapsed. An active registration means you have a direct RERA complaint route. Search by project name or registration number on your state RERA portal (for Maharashtra: maharera.maharashtra.gov.in; for other states, search "[state name] RERA portal"). Note whether the builder has uploaded the Occupancy Certificate on the portal — if yes, the three-month conveyance deadline under RERA Section 17 has already been running. +
- +
-==== Step 2: Build the buyer-group evidence file ==== +
- +
-A lone complainant is weaker than a coordinated group. Collect signed consent letters from at least a majority of flat owners confirming they support the complaint and the society formation. Pool everyone's sale agreements, possession letters, and payment receipts. A spreadsheet listing each flat number, owner name, agreement date, possession date, and amount paid creates a powerful exhibit for the RERA bench or the DDR. Keep this file updated and backed up. +
- +
-==== Step 3: Register the society independently ==== +
- +
-If the builder has [[/practical-guides/builder-not-forming-society/|not formed a society]] after the statutory trigger (three months from 51% bookings in most states, as required by RERA Section 11(4)(e)), **you do not have to wait for the builder**. In most states, a minimum number of flat owners (check your state's cooperative societies act — in Maharashtra it is typically ten members) can apply directly to the District Deputy Registrar of Cooperative Societies to register a cooperative housing society. The process requires: a proposed society name, a list of promoter members with flat details, proof of individual flat registrations (Index II / sale deed copies), and an application fee. The builder's signature is not required to form the society. For non-cooperative models (apartment owners' association or company), the procedure is governed by different state laws — consult a local cooperative society advocate. +
- +
-==== Step 4: Send a formal legal notice ==== +
- +
-Through a lawyer (or using the template below as a starting point), send a registered-post legal notice to the builder's registered address and the project's named promoter. Cite RERA Section 11(4)(e) for the society formation obligation and RERA Section 17 for the conveyance deed obligation. Give a specific deadline (30 days is standard practice). Attach a copy of the RERA project registration page and, if available, the proof that the Occupancy Certificate was issued. Keep the postal acknowledgement card — it is the most important evidence that you made a demand. +
- +
-==== Step 5: File an RTI for approvals held by the public authority ==== +
- +
-The municipal corporation, development authority, or town planning authority that issued the building plan approval and the Occupancy Certificate is a **public authority under the RTI Act 2005**. File an application to the Public Information Officer (PIO) of that authority asking for: (a) certified copy of the sanctioned building plan for your survey/CTS/plot number, (b) certified copy of the Occupancy Certificate or a written reply confirming it has not been issued, (c) certified copy of the Commencement Certificate, and (d) list of any compliance notices or show-cause notices issued to the builder in connection with the project. Use the [[/file-rti-online-india|online RTI filing guide]] — many municipal corporations now accept RTI applications online. Keep the RTI reply and the certified copies — they are powerful exhibits. See the full guide: [[/coop-housing-society-rti|Using RTI for cooperative housing society matters]]. +
- +
-==== Step 6: File a RERA complaint ==== +
- +
-File a complaint on your state RERA portal under Section 31 of the RERA Act 2016. In Maharashtra this is done at maharera.maharashtra.gov.in. For other states, visit your state RERA authority's website. You will need to: create an account, fill in Form A (complaint form), upload your evidence bundle (sale agreement, legal notice, RERA project registration page, correspondence with builder), and pay the prescribed complaint fee (fees vary by state — check the portal). File the society formation complaint and the conveyance deed complaint as separate reliefs, or jointly if your state RERA allows combined reliefs on common issues. You can also read the full RERA complaint guide at [[/file-rera-complaint-2026|How to file a RERA complaint in 2026]] and [[/builder-delay-flat-possession-rera-complaint-india|Builder delay flat possession RERA complaint guide]]. +
- +
-==== Step 7: Apply for deemed conveyance (Maharashtra route) ==== +
- +
-This step applies specifically to Maharashtra residents with a registered cooperative housing society. The **deemed conveyance mechanism under MOFA Section 11** allows a registered society to obtain the conveyance of land and building from the builder without the builder's consent. The competent authority is the District Deputy Registrar of Cooperative Societies for your district. +
- +
-Apply online through the Mahasahakar portal (mahasahakar.maharashtra.gov.in) using **Form 7 of the MOFA Rules**. Your application must include: +
- +
-  * Society's registration certificate +
-  * 7/12 extract or property card (recent, within three months) +
-  * Sale agreement copies for all flat owners or proof of flat ownership +
-  * Legal notice served under the Maharashtra Apartment Act or MOFA +
-  * List of all lawful flat holders +
-  * Building completion certificate from the planning authority +
-  * Development agreement and sanctioned plans +
-  * Draft conveyance deed +
-  * Any land conversion or non-agricultural use orders (if applicable) +
- +
-Once the application is submitted, the DDR will schedule a hearing and notify both the society and the builder. The DDR will hear both sides before passing an order. In practice, the process from application to order can take several months; follow up regularly through the online portal. Once the DDR passes the deemed conveyance order, the society must get it **registered at the Sub-Registrar's office** — this is the final step that formally transfers the title and entry in government revenue records. +
- +
-**Important:** An Occupancy Certificate is generally a prerequisite for the conveyance process to proceed. If your OC has not been issued, you may need to address that barrier first — either through a separate RERA complaint or a municipal authority application — before the deemed conveyance application will move forward. +
- +
-Residents in states other than Maharashtra should consult the equivalent provisions: Gujarat Ownership Flats Act 1973, Karnataka Ownership of Flats Act 1972, or the general route of a RERA Section 17 enforcement complaint. The administrative mechanism varies significantly by state. +
- +
-==== Step 8: Escalate if no movement ==== +
- +
-If the RERA complaint or DDR application stalls, escalate to the RERA Appellate Tribunal, file a writ petition in the High Court, or approach the Consumer Forum under the Consumer Protection Act 2019 for individual relief on deficiency of service. See the escalation ladder below for the full hierarchy. +
- +
-===== Escalation ladder ===== +
- +
-^ Level ^ Forum / Authority ^ Route ^ Typical use case ^ +
-| 1 | Builder / Promoter | Written demand letter; registered-post legal notice | First step — creates paper trail; costs only postage and lawyer fee | +
-| 2 | State RERA Authority | Online complaint under Section 31, RERA 2016 — state RERA portal | Society formation delay (S.11) + conveyance deed default (S.17); most projects; penalty up to 5% of project cost | +
-| 3 | District Deputy Registrar of Cooperative Societies (Maharashtra) | Form 7 application on Mahasahakar portal for deemed conveyance under MOFA Section 11 | Registered cooperative housing society needing title transfer without builder cooperation — Maharashtra only | +
-| 4 | RERA Appellate Tribunal | Appeal against RERA authority order within the prescribed period | If RERA authority dismisses complaint or builder doesn't comply with RERA order | +
-| 5 | Consumer Forum (District / State / National) | Complaint under Consumer Protection Act 2019 for deficiency in service | Individual flat buyer seeking specific relief; compensation; runs in parallel with RERA | +
-| 6 | High Court (Writ / Civil Suit) | Writ petition or specific performance suit | When all administrative routes are exhausted or stalled; requires a lawyer | +
-| RTI parallel track | Municipal Corporation / Development Authority PIO | RTI application under RTI Act 2005 to the public authority holding approvals | Get sanctioned plan, OC, commencement certificate for use in all above forums | +
- +
-===== Copy-paste complaint template ===== +
- +
-Replace the text in square brackets with your own details before sending. This is a draft legal notice / representation — have a lawyer review it before sending if possible. +
- +
-To, +
-The Promoter / Developer, +
-[Builder's full registered name], +
-[Builder's registered office address] +
- +
-By Registered Post with Acknowledgement Due +
- +
-Date: [Date] +
- +
-Subject: Legal Notice — Demand for Cooperative Housing Society Formation and Execution of Conveyance Deed for [Project Name], [City/District] +
- +
-Dear Sir / Madam, +
- +
-We, the undersigned flat owners (details in Annexure A), are the allottees of apartments in your residential project "[Project Name]", located at [Full Project Address], registered with [State] RERA Authority vide Registration No. [RERA Registration Number]. +
- +
-SOCIETY FORMATION DEMAND: +
- +
-As per Section 11(4)(e) of the Real Estate (Regulation and Development) Act, 2016, you are obligated to enable formation of a cooperative housing society / association of allottees within three months of the majority of allottees having booked their apartments, or within the timeline under state rules, whichever applies. As of the date of this notice, [X months] have elapsed since [51% of apartments were booked / the Occupancy Certificate was received], yet no such society has been formed / registered on our behalf. +
- +
-CONVEYANCE DEED DEMAND: +
- +
-As per Section 17 of the RERA Act 2016, you are obligated to execute a registered conveyance deed in our favour / in favour of the Association of Allottees within three months from the date of issue of the Occupancy Certificate. The Occupancy Certificate for the project was issued on [Date, if known] / You have failed to obtain the Occupancy Certificate despite [X] years having passed since possession. You have not executed the conveyance deed to date. +
- +
-DEMAND: +
- +
-We hereby demand that you: +
- +
-1. Initiate and complete the registration of the cooperative housing society / association of allottees within 30 days of receipt of this notice. +
- +
-2. Execute a duly stamped and registered conveyance deed in favour of the society / association within 30 days of society registration, conveying the land (Survey / CTS No. [Number]) and building to the society. +
- +
-3. Hand over all project documents including the sanctioned plan, Commencement Certificate, Occupancy Certificate, insurance papers, and title documents to the society within 30 days. +
- +
-Failure to comply with the above demands within 30 days will compel us to file a complaint before the [State] RERA Authority under Section 31 of the RERA Act 2016, file an application for deemed conveyance before the District Deputy Registrar of Cooperative Societies [for Maharashtra residents], and take all other legal remedies available to us, including an approach to the Consumer Forum and the High Court. +
- +
-Yours faithfully, +
- +
-[Signature of authorised representative / all signing owners] +
-[Name(s)] +
-[Flat Number(s)] +
-[Contact number(s)] +
-[Email address(es)] +
- +
-Annexure A: List of flat owners with flat numbers and agreement dates +
-Annexure B: Copies of sale agreements (or summary page) +
-Annexure C: RERA project registration print-out +
- +
-===== When RTI can help ===== +
- +
-The RTI Act 2005 applies to **public authorities** — any authority constituted by law, or owned, controlled, or substantially financed by the government. In the context of builder non-compliance with conveyance and society formation, RTI is a powerful tool for the following: +
- +
-==== Get the sanctioned building plan ==== +
- +
-The municipal corporation, development authority, or town and country planning authority that approved the layout and building plan is a public authority. File an RTI application to its PIO asking for a certified copy of the sanctioned building plan for your survey/CTS/plot number. This document shows the approved number of floors, units, common areas, and amenities — it is critical evidence if the builder has deviated from the sanctioned plan or claims the project is incomplete for reasons not in the plan. +
- +
-Note: The Central Information Commission has held that internal room arrangement details in a third-party building plan may be withheld, but the horizontal (external) sanction plan must be provided. Ask specifically for the horizontal sanctioned plan and the site plan. +
- +
-==== Get the Occupancy Certificate or learn it was not issued ==== +
- +
-The [[/practical-guides/builder-not-providing-occupancy-certificate-copy/|OC]] is issued by the municipal corporation or development authority — a public authority. If the builder has been telling you the OC is "pending" or "in process" for years, file an RTI asking: (a) whether an OC has been issued for the project at [address and survey number]; (b) if yes, provide a certified copy; (c) if no, provide the reasons in writing and the correspondence with the builder / applicant about the same. This RTI reply will tell you the true status and will be admissible evidence before RERA. +
- +
-==== Verify approvals the builder claims to have obtained ==== +
- +
-Builders sometimes claim that "approvals are pending with the municipality" to explain delay. An RTI to the relevant public authority — municipal corporation, fire NOC authority, environment clearance authority, RERA itself — will show you whether the delays are with the public authority or on the builder's side. Your state RERA is also a public authority and must provide information about the project under RTI. +
- +
-==== Get information from the Registrar of Cooperative Societies ==== +
- +
-The Registrar of Cooperative Societies is a public authority. If you suspect the builder has already applied for society registration under fraudulent names or in a way that excludes actual flat owners, file an RTI to the Registrar asking for a copy of the application and registration documents for any cooperative housing society registered for your project address. For more, see the guide on [[/coop-housing-society-rti|cooperative housing society and RTI]]. +
- +
-Also see: [[/apply-society-noc-2026|How to apply for a society NOC for flat sale in 2026]] — RTI can also help if your society is denying an NOC after conveyance. +
- +
-===== When RTI will not help ===== +
- +
-RTI **does not apply to private entities**, no matter how large or how many people are affected. The following cannot be compelled to answer an RTI application: +
- +
-  * **The builder / promoter company itself** — a private developer is not a public authority. You cannot use RTI to demand internal project files, contracts, accounts, or communications from the builder. Use RERA discovery or consumer forum processes for that. +
-  * **The housing society itself** (once formed) — a cooperative housing society is generally not a public authority unless it is substantially financed by the government. Use the state's cooperative societies audit and inspection mechanism, or the RTI route via the Registrar, to get information. +
-  * **Private banks or financiers** involved in the project — for information about construction finance, use the RERA project registration page (builders must disclose encumbrances) or CERSAI. +
- +
-For RTI applications to public authorities, use the [[/file-rti-online-india|online RTI filing guide]] and, if the PIO does not reply within 30 days, file a [[/file-first-appeal-rti-section-19-2026|first appeal under Section 19]] of the RTI Act. See also [[/practical-guides/|all practical guides]] for related topics. +
- +
-===== Common mistakes to avoid ===== +
- +
-  * **Waiting for the builder indefinitely.** RERA sets specific timelines — three months from 51% bookings for society formation, three months from OC for conveyance. Once these pass, every additional month of silence is a documented violation. File promptly; delay harms your case. +
-  * **Applying for deemed conveyance before registering the society.** In Maharashtra, the society must be a registered legal entity before the deemed conveyance application can be filed. Register the society first, even without the builder's help. +
-  * **Applying for deemed conveyance without an Occupancy Certificate.** The OC is a prerequisite. If the OC has not been issued, first address that gap — via RERA complaint or municipal authority application — before pursuing deemed conveyance. +
-  * **Filing a RERA complaint against an unregistered project.** RERA complaints under Section 31 can only be filed against RERA-registered projects. If your project predates RERA or is below the registration threshold, you must use the Consumer Forum, civil court, or state cooperative society law instead. +
-  * **Sending the legal notice to the wrong address.** The notice must go to the builder's //registered// office address as filed with RERA or the Registrar of Companies — not the site office or the sales office. An incorrectly addressed notice weakens your RERA complaint. +
-  * **Relying only on verbal assurances from the builder.** Every commitment the builder makes must be in writing — email or letter. If a builder promises a society meeting or a conveyance date verbally, follow up with a written summary ("Dear Sir, confirming your verbal representation of [date]..."). Written records are evidence; oral promises are not. +
-  * **Filing RTI to the builder instead of the public authority.** A common mistake is sending an RTI application to the builder or to the housing society. Only public authorities are obligated to respond. Direct your RTI to the municipal corporation, development authority, RERA office, or Registrar of Cooperative Societies — these are the right targets. +
-  * **Treating deemed conveyance as a Maharashtra-only concept that works in all states.** The Mahasahakar / DDR route is specific to Maharashtra. Residents of other states should explore RERA Section 17 complaints and state-specific ownership flat laws. Do not apply for "deemed conveyance" using Maharashtra procedures in another state — consult a local lawyer. +
- +
-===== Official links ===== +
- +
-  * [[https://maharera.maharashtra.gov.in|MahaRERA — Maharashtra Real Estate Regulatory Authority]] (complaint filing, project search, homebuyer guidance) +
-  * [[https://mahasahakar.maharashtra.gov.in/en/online-deemed-conveyance-management-system/|Mahasahakar — Online Deemed Conveyance Management System, Maharashtra]] (Form 7 application, hearing management, status tracking) +
-  * [[https://rera.karnataka.gov.in|K-RERA — Karnataka Real Estate Regulatory Authority]] +
-  * [[https://hrera.gov.in|HRERA — Haryana Real Estate Regulatory Authority]] +
-  * [[https://up-rera.in|UP RERA — Uttar Pradesh Real Estate Regulatory Authority]] +
-  * [[https://tnrera.in|TNRERA — Tamil Nadu Real Estate Regulatory Authority]] +
- +
-//For your state's RERA portal (if not listed above), search "[State name] RERA" on any search engine. Each state authority's site allows free project verification, complaint filing, and order downloads.// +
- +
-===== Frequently asked questions ===== +
- +
-==== What is the difference between a conveyance deed and a sale deed? ==== +
- +
-A sale deed transfers ownership of your individual flat from builder to you. A conveyance deed (also called society conveyance) transfers ownership of the land and common building structure from the builder to the registered housing society as a collective. Without the conveyance deed, the builder remains the legal owner of the plot even after every flat is sold. +
- +
-==== Is the builder legally required to form a housing society? ==== +
- +
-Yes. Under Section 11(4)(e) of the Real Estate (Regulation and Development) Act, 2016 (RERA), the promoter must enable formation of a cooperative society, company, or association of allottees. In the absence of state law specifying a different timeline, this must happen within three months of the majority of allottees having booked their apartments. MahaRERA Rules 2017 specifically trigger this obligation when 51% of apartments in a building or wing are booked. +
- +
-==== What is deemed conveyance and who can apply for it? ==== +
- +
-Deemed conveyance is a legal remedy under Maharashtra Ownership Flats Act (MOFA) 1963, Section 11, that allows a registered cooperative housing society to obtain ownership of the land and building without the builder's cooperation. The District Deputy Registrar of Cooperative Societies acts as the competent authority, hears both sides, and issues a conveyance order that is then registered at the Sub-Registrar's office. It is currently most developed and widely used in Maharashtra. +
- +
-==== Within what time must a builder execute the conveyance deed under RERA? ==== +
- +
-Under Section 17 of RERA 2016, the promoter must execute a registered conveyance deed in favour of the allottees' association within three months from the date the Occupancy Certificate is issued, or from the date when 51% of purchasers in the building or wing have paid the full consideration — whichever is earlier. State RERA rules may provide additional or different timelines; verify with your state RERA portal. +
- +
-==== Can RTI help us get the sanctioned plan and occupancy certificate when the builder won't share them? ==== +
- +
-Yes. The municipal corporation or development authority that approved the building plan and issued (or refused) the Occupancy Certificate is a public authority under the RTI Act 2005. You can file an RTI application to the PIO of that authority to obtain certified copies of the sanctioned plan, commencement certificate, and Occupancy Certificate. These are critical documents for your RERA complaint and deemed conveyance application. The builder's internal file is not covered by RTI. +
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-==== Does deemed conveyance apply in states other than Maharashtra? ==== +
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-The concept of forcing a builder to transfer land title to a registered society is available in other states through RERA Section 17 and state-specific ownership flat laws (e.g., Gujarat Ownership Flats Act 1973, Karnataka Ownership of Flats Act 1972). However, the administrative machinery for deemed conveyance — the online portal, the Government Resolutions specifying Form 7, and the District Deputy Registrar route — is most comprehensively developed in Maharashtra. In other states, the primary route is a RERA complaint or civil court action. +
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-==== What if the project is not registered with RERA? ==== +
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-RERA registration is mandatory for most residential projects above a prescribed size threshold; a builder cannot sell flats in an unregistered covered project. If your project pre-dates RERA or falls below the threshold, your routes are: state cooperative society law (Registrar route), MOFA / state ownership flats act, Consumer Forum under the Consumer Protection Act 2019, or civil court. Use RTI to get approvals from the public authority regardless of RERA registration status.+
  
 +  * [[practical-guides:builder-not-forming-society|Builder not forming the society]]
 +  * [[practical-guides:start|All practical guides]]