Deemed Conveyance is necessary in situations where the process
of regular conveyance has been delayed or obstructed, leaving residents of
housing societies or cooperative housing societies without legal ownership of
their individual units. There are several reasons why deemed conveyance is
required:
1. Delayed or
non-cooperation from developers: In many cases, developers or promoters fail to
complete the process of conveyance, which involves transferring the ownership
of the land and building to the society and its members. This delay or
non-cooperation can leave residents in a state of uncertainty, as they do not
have legal ownership of their properties.
2. Protection of
residents' rights: Deemed conveyance protects the rights and interests of
residents who have invested their hard-earned money in housing societies. It
ensures that they have legal recognition and ownership of their properties,
providing them with security and stability.
3. Elimination of disputes
and complications: In the absence of proper conveyance, disputes may arise over
ownership, maintenance, and transfer of properties within the society. Deemed
conveyance helps resolve such disputes by providing legal clarity and
establishing a clear chain of ownership.
4. Facilitation of
redevelopment and financing: Deemed conveyance is often required for
redevelopment projects or securing loans for the maintenance or improvement of
the society. Without legal ownership, it becomes challenging to undertake
redevelopment or obtain financial assistance.
5. Empowerment of society
members: Deemed conveyance allows society members to take control of the
management and governance of their properties. It enables them to collectively
make decisions regarding maintenance, improvements, and other important
matters.
6. Promotion of
transparency and accountability: Deemed conveyance promotes transparency and
accountability in the functioning of housing societies. It ensures that the
society operates within the legal framework, with proper documentation and
adherence to statutory requirements.
Overall, deemed conveyance is necessary to rectify the
deficiencies in the regular conveyance process and protect the rights of
residents in housing societies. It provides them with legal ownership, resolves
disputes, and facilitates smooth functioning and development of the society

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