Deemed conveyance/unilateral conveyance is granted by the Competent Authority, on behalf of the developer /promoter who failed to fulfil his obligation of transfer the rights, title interest to the society. Legally it is obligatory on the Promoter (Builder/ Developer) to convey the land and the building within 4 months of formation of the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies.
The Maharashtra Government amended “Section 11 of The Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management and Transfer) Act, 1963” (MOFA ACT) and imposes an obligation on the part of promoter/developer to convey the property to the flat purchasers and/ or to the society of the flat purchasers. Sub-section 3 of section 11 of the MOFA ACT gives a power to the Competent Authority which is constituted under section 5A of the MOFA ACT to make an inquiry and find out whether the promoter who is obliged to convey the property to the society and if he has failed in his duty to fulfill that obligation and if it so, comes to the conclusion, then he has to make and inquiry after the applicant produces the relevant documents evidence and records and, thereafter , issue a certificate of deemed conveyance in favour of such an applicant/society and have it registered as unilateral conveyance /deemed conveyance and get the name transferred in revenue records (7/12 or P.R Card) .