Conveyance in favour of society compulsory in Navi Mumbai

Conveyance of land and building in favour of Society compulsory for obtaining CIDCO NOC in Navi Mumbai

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Conveyance
Mayur

Important update (2nd Oct, 2012)

In a major breakthrough for the conveyance problem of housing societies, the govt has now stepped in and made it clear that any builder who refuses to give conveyance to the flat buyers or co-op housing societies within 4 months of handover of flats to the buyers, the local deputy registrars office will give a deemed conveyance certificate automatically after being approached by the flat buyers.

This will bring to end the long and sordid chapter in Indian housing. Builders use the conveyance ploy to avoid handover of land and building to housing societies and continue to fleece buyers in the name of NOC. After being approached by flat buyers, the deputy registrar will call the builder and flat purchasers/societies. If it is found that the conveyance has not been given even after 4 months of handover of flats, the registrar will issue a deemed conveyance certificate.

Let us hope that this scheme is not just on paper but actually implemented in true spirit.

Remember : A builder is supposed to form a society at his expense as soon as 60% flats are sold…and is supposed to finish the conveyance to the society at his expense within 4 months of formation of the society.
THIS IS THE LAW !!
If the society needs conveyance in a hurry, it can obtain the conveyance at its own expense after sending notice to builder that they are proceeding with deemed conveyance but will take him to court after that and make him liable to reimburse them later, including the court and advocate charges.
Note : To file such a case and claim all the expenses, you must maintain proper receipts and accounts of the money you spend cause court will see all this before awarding compensation to society.
Judge will award compensation considering all circumstances and what he considers ‘ reasonable’. If you hire a top shot lawyer who charges thousands of rupees per appearance, court is not going to compensate you for that. It will only award what it considers reasonable.

-Mayur (Sky Properties)

Want to get Conveyance Done for your Society ? Contact us at the below address.

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Sky Properties
Sector 19a, Nerul,
Navi Mumbai

Contact us

9987452642

Mail us at : mayur@navimumbairealestate.org

Rate list for our services

SERVICECHARGES
CIDCO Transfer only15,000
Mortgage NOC only15,000
CIDCO Transfer + Mortgage NOC20,000
Only Drafting/Documentation5,000
Drafting and Registration of Sale Agreement/Sale Deed10,000
Brokerage (Purchase/Sale transaction)2%
Brokerage (Rentals)1 month rent/year
Consultation over Phone/Whatsapp/Zoom/Google Meet5,000/30 mins
Property Tax Name Transfer8000
Water Bill Name Transfer8000
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By Mayur

Mayur is a real estate professional based in Navi Mumbai for the past 20 years. His expertise in real estate includes every sphere of the real estate sector from legal to Building Construction to Vastu to home interiors. When it's not real estate, its either his fight against corruption or pulling focus (film making) with his NIKON D750 that keeps him busy. With over 9 million views of his pictures on Google Maps and over 1.3 crore views of his contributions, he has been designated as a Master Photographer by Google. He can be reached on 9987452642

50 comments

  1. Sir i have already purchased flat from 2nd owner in the year 2010 and the soc. Has made me member. The society has registered and society’s plot is cideco tender plot. Now,the society has taken steps for conveyance deed. For the conveyance deed, i have required to pay flat transfer fee of 1st and 2nd Owners along with myself to cideco or not. Thanking you in anticipation. Waiting your kind reply

  2. What is the latest news about CIDCO Transfer Charges?Is it still required?Has CIDCO increased the transfer charges recently?

  3. what are the charges that we have t0 pay f0r c0nveyance deed ?
    If u can inf0rm me the registrar 0ffice f0r Air0Ii Sec 8A?

    1. You will have to pay transfer charges to CIDCO and Stamp duty and registration charges on the conveyance deed.The stamp duty is 5% and Registration charges are 1% on the value of the land and building minus the stamp duty and registration charges each flat owner has paid while buying the flat.Registrar office is near Sector 8 A in Airoli.

  4. …ours is the 25 year old society of 27 Row Houses on cidco plot in Navi Mumbai , wants to go for conveyance.
    All papers are in xerox and not in original
    The society deed ,with cidco, is on 3Rs. Stamp paper and also not paid the stamp duty
    .Many members also have not paid the stamp duty on their own row house
    The present members are 3rd or 4th buyer from the original members.

    Kindlu suggest,

    Do we all ( society and the individual members have to pay stamp duty.?

    for conveyance deed,is The transfer fee to Cidco must ? , for all three/ four transaction ?

    Totally how much will it cost?

    1. Only after seeing the documents is it possible for me to comment.Please fix and appointment before coming.A visit to my office will cost you money.So please confirm before coming.

      1. sir, we are having a society plot at cbd belapur navi mumbai and we constructed abuilding for 12 memeber on it we have not gone tr stamp and registration for plot as well as for flat ..what will be the charges and what is the procedure we are 12 members and our area of plot is 700 sq mtr pl advice sham 9969226597

        1. If you have CC,OC and sanctioned plans by govt,there is nothing more to do.If CIDCO allotted plot to your registered society,your members are already registered with CIDCO.No need of conveyance.Just make sure you register every new member with CIDCO as and when he/she purchases the flat.

      2. We are a cooperative societies in koperkhairna regd in 1995 and built by CIDCO with 74 flats. We want to go for conveyance deed how mush it will cost to societies.

        1. Depends on the documents you already have with you,the stamp duty paid,title etc.
          Please schedule an appointment with me at my office to discuss this further.
          Call me on 9833802522.

          1. sir, we are a cooperative society in vashi and want to know how to obtain the CIDCO conveyance for our society. What is the procedure and whom do we approach for that? kindly enlighten on this issue

          2. I am planning to buy flat at nerul, plot-309, Tulsi bhavan, sector-6. The owner of the flat claiming that the plot got conveyance deed in the name of members but they so not have any paper from Cidco for this as builder verbally confirm them so they believe. Could you please advise me how I can verify that the conveynace deed was done for above address- please advise

  5. If the deemed conveyance in favor of housing society is possible in 12.5% scheme in Navi Mumbai where the builder is absconded and original land owner are not cooperating. The society is formed under non-cooperation.

      1. I am buying a resale property in kharghar ,society is registerd & have OC,deed of transfer in name of soaciety but development agreement that made in 2001 was not registered.is it safe to buy this property

        1. If society is registered,current owners name figures in the society member list,conveyance deed executed in favour of society and final order from CIDCO obtained in name of the society (which is proof of transfer of ownership in CIDCO records),there should be no issues.Remember,just a deemed conveyance order is not the final step.Final step is the Final order in favour of the society from CIDCO.

          1. Final order in favour of the society from CIDCO means cidco transfer of society right? then this society is not cidco transfer.is there any legal problem to me in future

          2. Yes,That is correct.Problem may arise in the future when you want to sell the flat.If at that time the buyer’s bank asks for CIDCO NOC, then there might be a problem.Other thing is that the property tax reciept will come in Land owners name.Also you will need builder’s NOC for all purchase and sale.

  6. what is the process for cidco allotted apartments to get conveyance as same are not co operative socity. They are the direct lessee to the Cidco

  7. Dear Sir,
    Owner has given me agreement papers with title lease deed ,is it conveyance deed? If yes then will i get noc from cidco.If no then what else i have to check.

    1. If the lease deed has the society name on it,then its conveyance deed is done.If not,then conveyance in name of society is pending.Check on whose name the lease deed is.

  8. Dear sir,
    The Lease deed is between cidco ,developer & society that means it is confirmed conveyance deed.Then i am eligible for cidco noc & cidco transfer?

  9. Dear Sir,
    is cidco NOC required for Conveyance deed / Deemed Conveyance ??
    cidco transfer required in new flat purchase from builder as builder is demanding the same ??

    1. He is asking you to pay for the expense in advance.CIDCO NOC is required for all purchase sale or transfer of any land/plot/flat in Navi Mumbai.
      He is supposed to spend for it,but most builders will ask you to cough up the money.

  10. Our building is in Vasai west and it was constructed when CIDCO was not formed. Since CIDCO was not in existence the OC was also not there. The building was approved and constructed as per the Blue Print approval from authorities. Now when we are going for deemed conveyance we have been asked to get the OC first and then only we can get the conveyance done.

    Kindly let us know whether such rule is there and if it is there then what is to be done.

  11. Sir,
    I bought a resale flat at a housing society in nerul and made member in society records. Now conveyance deed process is going on and I am told that I have to shell out a huge sum since I have a resale flat. People with houses alloted from the builder (1st owners) need not pay this, I am told . Is this correct and if so, why are we only penalised ?

  12. Sir, really glad to read your post. I have a queery, I purchased a resale flat in Airoli, the time I purchased a flat building didnt has conveyence.Our society has applied for it now and it is in process. In time being I am planning to sell my flat. Do I have to pay CIDCo transfer or the buyer will do it.

  13. Sir Thank you for such an informative post. I have a query which is stated below,
    Background:
    There is a building in NAVI MUMBAI whose society is formed but CONVEYANCE DEED is not yet done. SELLER of flat is 1st owner (purchased flat from builder/ developer). SELLER has society share certificate in his name. CIDCO transfer of flat in the name of SELLER is still pending since CONVEYANCE DEED in the name of society is not yet executed. Therefore even the name of SELLER is not available in the books of CIDCO.

    Query:
    1. Cidco transfer of flat can be done directly in the name of PURCHASER (2nd Owner)?
    2. Can society transfer share certificate in the name of PURCHASER even if CONVEYANCE DEED is not yet done?
    3. Can society demand for NOC from CIDCO for transfer of shares since society has no CONVEYANCE yet?
    4. CIDCO transfer charges will applicable for differencial amount i.e. SELLER’S purchase price and selling price or will be freshly applicable as per carpet area rates?

    1. 1.Yes.After conveyance
      2.It can.But strictly speaking,its only done after conveyance.
      3.If conveyance not done, how can it ask for CIDCO NOC ?
      4.Carpet area rates.Will go up 10% every financial year ie. 1st april

      1. Sir Thank you for your prompt & valuable response.
        Conclusion:
        Society Share Certificate Transfer and CIDCO transfer can be done only after Conveyance deed of society is executed.
        Please correct me if i am wrong.
        Thank you in advance.

  14. Very informative article. I am planning to buy a resale flat in sector 30-A, Vashi. Society is registered and has OC. Current owners name figures in the society member list and also has Share Certificate issued in his name. But no sort of conveyance is done in favour of the society. Should I go ahead with the deal?

    1. CC and OC means that the project is legal.
      Conveyance not being there is not so much of a problem if the bank (from whom you are taking a loan) does not have problem.In that case, a builder NOC may be required.Confirm with bank.Some builders take money to give NOC. Even if there is no conveyance, its suggested to prepare the documents necessary for CIDCO Transfer and take signatures of the seller on them and complete the Notary process.Who knows where he will be when time finally comes to do your CIDCO Transfer.
      We can complete all the documentation on your behalf (including the notary process) for a small fee.
      Call us on 9987452642

      1. I won’t be applying for a bank loan. But the land on which the society, namely, Sunshine CHS Ltd. stands belongs to Pudhari newspaper in sector 30-A, Vashi. CIDCO had given the land to Pudhari for their press purposes but they gave part of the land to the builder for constructing the building, whereas Pudhari’s office stands adjacent to the society building. Now there is a case going on in the High Court. In case in future should a natural calamity occur at that time on what basis would the tenants claim their rights to the property? Should I back out of the deal?

  15. Iam planning to buy a flat in registered CHS at new panvel east cidco area. Society NOC is obtained by flat seller in my name.Seller states that Conveyance deed not yet done but is in process , society has paid some 80,000/- amount to cidco for it. Presently no NOC will be granted by cidco for sale of flat and transfer.Bank is asking for cidco noc for loan purpose or some type of undertaking from me. Is it safe to purchase in this conditions? SIR ,please help and guide.

  16. Sir I am planning to buy a 2BHK property in Nerul sector-21. The property has all the documents such as OC, CC , society is registered and conveyanve deed is also complete. The property is transferred in the name of 1st owner but the 2nd owner has not done the transfer and I will be the 3rd owner. Also the plot is a bungalow plot on which apartment is built. ON approaching the bank, it is asking for CIDCO transfer and NOC for mortagage whereas I have heard that CIDCO is not transferring and giving NOC for such plots where apartment is constructed on a bungalow plot. Bank shall not provide loan without CIDCO NOC.Kindly suggest I can go ahead with the buying

    1. You can go ahead with the purchase, but CIDCO will not issue you an NOC for the Loan. If you can manage without a loan, there is no harm.
      Lots of flats face the same problem as yours.
      This is the state currently.

  17. https://timesofindia.indiatimes.com/city/navi-mumbai/nmmc-area-residents-need-not-pay-transfer-fee-to-cidco/articleshow/63290128.cms

    Sir,
    As per above article MARCH 2018 – Cidco has discontinued requirement for NOC and Cidco Transfer process. Can you please confirm if it is also applicable to New Panvel area. Also Is this notification is only valid for new purchase of flats post MAR 2018 or Is it also true for earlier transactions.

    I am facing a peculiar issue, I had purchased flat in MAY 2013 from 01st buyer. Society is following up for conveyance since last 03 years. I had submitted for my Cidco Transfer 03 years back with same KPG associates which is also doing conveyance process for society. KPG person told me that CIDCO transfer cannot be done till conveyance is done. Society is not ready to transfer share-certificate to me until CIDCO transfer is done. Please let me know if you have solution. I will meet you in person.
    Thanks.

  18. Sir, very glad to about your helpful nature to reply the queries of the common men. Some private builders like Raheja, Delta etc. are developing residential, commercial and industrial flats in MIDC area, Juinagar, Navi mumbai. They are making agreement to sub lease to the purchaser of flats as they have taken lease on said land for hundred years and the same will be extended for further 100 years without paying any extra premium. In this regard I have following queries:
    1. Whether conveyance deed may be executed in favour of the flat owners after receipt of occupation certificate (oc) and formation of society?
    2. What legal consequences they may face after purchase of said flats?
    Thanking you in anticipation.

    1. I am unaware of any ‘sub-lease’ being executed by Raheja etc. The projects that come under MIDC have to follow the rules set by MIDC. Society will have to be formed once 60% flats are sold by the builders. After that comes conveyance. Land will always stay leasehold land. Thats how it is in Navi Mumbai CIDCO areas.
      Hope this helps. If it was helpful, pls review us on google https://g.page/r/CZMCF-mpuO5oEBM/review

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