Consumer Connect: 'Deemed Conveyance Possible Without OC,' Says Expert

Q. For my aunt's society in Malad, which has two buildings—one with an Occupancy Certificate (OC) and conveyance, the other without both—a key question has arisen regarding their plans for re-development. The society's managing committee claims that since one building lacks an Occupancy Certificate (OC) and conveyance, they cannot proceed with the project. My questions are: Are OC and conveyance mandatory for redevelopment? Can the society apply for Deemed Conveyance if the original developer is deceased?Is it possible to get Deemed Conveyance without an OC? How long does the Deemed Conveyance process typically take? — Rajendra Rane, Borivali (West)

A. Any housing society going for re-development must have the Conveyance in its favour. Conveyance, in simple terms, means transfer of the right, title and interest in the land and building in favour of the society. With Conveyance in its favour the society becomes the true owner of the property including the buildings thereon. As per Maharashtra Ownership Flats Act, 1963 (MOFA), every promoter (this includes builder and even the land owner) is obliged to execute Conveyance in favour of the Society, normally within 4 months from completion of the project by way of the Conveyance Deed.

However, it is a harsh reality in Maharashtra that more than 70,000 housing societies do not have their Conveyance in their favour. The builders have failed or avoided to execute conveyance for a variety of reasons. To simplify the conveyance process for housing societies, the government introduced a provision for Deemed Conveyance in 2008 under the Maharashtra Ownership Flats Act (MOFA). This allows societies to get the title transferred to their name by applying to the District Deputy Registrar.

In 2018, the government further streamlined the process by reducing the required documents from 12 to 8. No, an Occupation Certificate (OC) is not a prerequisite for Deemed Conveyance. According to a government resolution (GR) from June 22, 2018, a society without an OC can still be granted deemed conveyance as long as it provides a selfdeclaration promising to obtain the OC and complete any necessary regularization at its own cost afterward.The application process is simple: it costs only ₹2,000, and the government has set a maximum six-month timeline for a decision. You can even apply online through the PRATYAY Mahabhumi portal. It will not be out of place to mention that the Bombay High Court has also endorsed this position of getting Deemed Conveyance without OC in “ALJ Residency CHSL, Bandra v/s State of Maharashtra & others” decided on 25 November 2024.

This was a case similar to your case. In this case, the building of the Society had no Occupation Certificate. Commencement Certificate was only upto plinth level. BMC had also proposed demolition of 6th & 7th floor of this building way back in 2008 but no further action was taken. Because of all these illegalities the DDR had dismissed the application for Deemed Conveyance. However, the Society challenged this decision in the Bombay High Court and the Court struck down the DDR’s decision and directed him to grant Deemed Conveyance ruling that OC is not a precondition for applying for Deemed Conveyance.

Even the Supreme Court has confirmed this landmark judgement in appeal. I hope all this scenario will encourage the societies without Occupation Certificate to go for Deemed Conveyance before embarking on re-development. Of course, the Societies will have to pass a Resolution to that effect in the Special General Body meeting. It would be advisable to consult the experts in the field before deciding to go for Deemed Conveyance.

(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: shirish50@yahoo.com)

Published on: Monday, September 01, 2025, 11:02 AM IST