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KEY DIFFERENCE BETWEEN CONVEYANCE AND DEEMED CONVEYANCE

 

The key difference between CONVEYANCE & DEEMED CONVEYANCE lies in the process and circumstances under which ownership of the property is transferred.

Conveyance: Conveyance is the regular process of transferring the ownership of land and buildings from the developer or promoter to the housing society or cooperative housing society and its individual members. It involves the execution of a conveyance deed or agreement, which legally transfers the title and rights of the property. Conveyance is typically initiated and completed with the mutual cooperation and consent of all parties involved, including the developer or promoter and the society members. The process may require the fulfillment of certain legal formalities, such as obtaining no-objection certificates, completion certificates, and compliance with local regulations. Conveyance provides legal recognition and ownership to the society and its members.

Deemed Conveyance: Deemed conveyance, on the other hand, is a statutory provision that comes into play when the regular conveyance process is delayed, incomplete, or obstructed. It allows the housing society or cooperative housing society to obtain the transfer of ownership without the cooperation or action of the developer or promoter. Deemed conveyance empowers the society and its members to initiate legal proceedings and seek a court order or deemed conveyance order, declaring them as the deemed conveyance owner of the property. This process is initiated to protect the rights of the residents and ensure that they have legal ownership and control over their properties. Deemed conveyance is a mechanism that addresses situations where the regular conveyance process has not been completed as required.

In summary, conveyance is the standard process of transferring property ownership with the consent and cooperation of all parties involved, while deemed conveyance is a statutory provision that allows the society and its members to obtain ownership when the regular conveyance process faces delays or obstacles.

Adv Leena Kaulgekar

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