A deemed conveyance is a document executed to transfer the title of the land on which a particular building has been constructed in the name of the housing society.
According to provisions of the Maharashtra Ownership Flats Act (MOFA), the title of the land should be transferred to a housing society after its residents sign the agreements and buy the flats. Many builders, however, do not transfer the title of the properties to the societies in the hope of availing more floor space index (FSI) that may become available, or to explore opportunities to redevelop the flats. To stop misuse by builders, the state government has come out with a special provision in MOFA to enable societies get deemed conveyance.
While the sale agreements in case of Campa Cola were done in 1980, the builders are yet to transfer the conveyance deed in the society’s name.
The residents now plan to approach the district deputy registrar (DDR) in order to get the title of the land in their name.
“Without deemed conveyance, all rights over land and building, including FSI, remain with the developer or the landowner. In case the residents are granted permission for redevelopment, they cannot go ahead unless they have deemed conveyance and are owners of the plot of land legally,” said a civic official.
The residents of Campa Cola compound had made an interim application in the Supreme Court last week, seeking that they be allowed to approach the Brihanmumbai Municipal Corporation (BMC) to apply for regularisation of unauthorised floors, which are under the permissible FSI.
The Supreme Court bench, led by Justice G S Singhvi and V Gopapa Gowda, has now allowed the residents to withdraw their application to permit them to approach the civic administration.
The BMC has plans to demolish 35 illegal floors, above the fifth floor, of the seven buildings in the society on October 2.
On February 27, the Supreme Court had ruled that all floors above the fifth floor in the buildings would have to be demolished and said the residents could not approach any authority, government or political body for regularisation of the illegal floors.
Illegal floors of Midtown Apartments, Esha Ekta Apartments, Shubh Apartments, Patel Apartments (two buildings), B Y Apartments and Orchid Apartments comprise 140 flats. While the builders were granted permission for ground-plus-five floors, Midtown has 20 floors, Orchid has 17, Esha Ekta has eight, Shubh comprises seven and B Y and Patel have six floors each.
Following the SC verdict in February this year, BMC had issued a 48-hour demolition notice to residents of the 35 unauthorised floors.
Residents, however, approached the Supreme Court asking for regularisation of their unauthorised floors under permissible FSI. The SC later quashed their request and granted them time till October to vacate. The latest Supreme Court order of September 11, however, allows Campa Cola residents to approach BMC for regularising their structures.