CBD Belapur, Navi Mumbai +91 91373 40133 advkiranmulik@gmail.com
Key Specialisation

Co-operative Housing Society
Legal Services

End-to-end legal, compliance, documentation, and advisory services for Co-operative Housing Societies, Apartment Owners' Associations, and Residential & Commercial Complexes across Maharashtra.

Overview

The Counsel provides comprehensive legal services to Co-operative Housing Societies, Apartment Owners' Associations, and Residential & Commercial Complexes across Navi Mumbai, Thane, Mumbai, and Maharashtra. Services cover the complete lifecycle of a housing society — from formation and registration through governance, compliance, dispute resolution, and Deemed Conveyance.

Co-operative Housing Societies operate under the Maharashtra Co-operative Societies Act, 1960 and are subject to ongoing statutory obligations. The firm assists Managing Committees in understanding and fulfilling these obligations, navigating regulatory processes, and resolving disputes effectively.

Services

Formation of New Co-operative Housing Society
Registration under MCS Act, 1960
Conversion of Association into CHS
Bye-laws Drafting & Registration
CIDCO Society Formation Approvals
Flat & Shop Registration
Managing Committee Advisory
Bye-law Amendment Drafting
AGM Documentation & Notices
Statutory Compliance — MCS Act
Managing Committee Election Advisory
Nomination & Transfer Procedures
Audit Objection Responses
Society Governance Training
Deemed Conveyance Proceedings — DDR
Conveyance Deed Execution
Title Investigation for Deemed Conveyance
Builder Follow-up Proceedings
CIDCO Deemed Conveyance Approvals
Documentation for Sub-Registrar
Recovery from Defaulting Members
Co-operative Court Representation
DDR & Registrar Representation
Member & Parking Disputes
Maintenance Dispute Resolution
Society Land Disputes
Legal Notices & Replies
Property Litigation
Society Agreements & NOCs
Indemnity Bonds & Undertakings
Transfer & Nomination Forms
Maintenance Demand Notices
Legal Notices to Defaulters
CIDCO / MHADA Correspondence

Deemed Conveyance — Explained

When a builder / developer fails to execute the Conveyance Deed transferring the land and building to the Co-operative Housing Society, the society can apply for Deemed Conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) and the Maharashtra Co-operative Societies Act.

1

Society Resolution

The society passes a resolution at a General Body Meeting authorising the Managing Committee to apply for Deemed Conveyance.

2

Document Compilation

All required documents are compiled — approved building plan, Commencement Certificate, Occupation Certificate, property card, 7/12 extract (if applicable), society registration certificate, list of members, and title documents.

3

Application to Competent Authority

An application for Deemed Conveyance is filed before the Competent Authority — the Deputy District Registrar (DDR), Konkan Division, for Navi Mumbai societies.

4

Notice to Builder

The DDR issues notice to the builder / original land owner to show cause why Deemed Conveyance should not be granted.

5

Hearing

The Competent Authority hears both sides and examines documents. The society's advocate represents the society before the DDR.

6

Order of Deemed Conveyance

The Competent Authority passes an order of Deemed Conveyance and issues a certificate. This certificate is then presented at the Sub-Registrar's office for execution of the Deemed Conveyance Deed.

Why Deemed Conveyance Matters

Until Conveyance or Deemed Conveyance is executed, the legal title to the land and building remains with the builder. This affects the society's ability to redevelop, mortgage property, or obtain government approvals. Societies should pursue Deemed Conveyance as a priority.

Areas Served

Belapur / CBD Belapur
Vashi
Kharghar
Panvel
Nerul
Airoli
Ghansoli
Koparkhairane
Turbhe
Thane
Mumbai
Raigad District

Applicable Legislation

  • Maharashtra Co-operative Societies Act, 1960
  • Maharashtra Co-operative Societies Rules, 1961
  • Maharashtra Ownership Flats Act, 1963 (MOFA)
  • Transfer of Property Act, 1882
  • Registration Act, 1908
  • Maharashtra Stamp Act, 1958
  • CIDCO Regulations

Frequently Asked Questions

What is the process for forming a new Co-operative Housing Society?
A Co-operative Housing Society requires a minimum of 10 members (5 for smaller buildings). The process involves collecting application forms from proposed members, preparing the proposed bye-laws, filing an application before the Registrar of Co-operative Societies with required documents and the initial share capital, and obtaining the Registration Certificate. For CIDCO-area societies, additional CIDCO approvals are required.
How long does Deemed Conveyance take?
The time varies depending on the completeness of documents, the response of the builder, and the workload at the DDR office. With complete documents and cooperation, Deemed Conveyance proceedings can be concluded in 6 to 18 months. Contested proceedings where the builder objects may take longer.
Can a society recover unpaid maintenance through court?
Yes. A society can file a dispute before the Co-operative Court (under Section 91 of the MCS Act) to recover maintenance arrears from defaulting members. The Co-operative Court has jurisdiction to adjudicate disputes between a society and its members. Recovery proceedings can also be initiated before the Registrar of Co-operative Societies in appropriate cases.
What documents are required for flat transfer in a society?
Required documents typically include: registered sale deed or agreement to sell, share certificate, NOC from the society, no-dues certificate from the society, CIDCO NOC (for CIDCO properties), stamp duty payment proof, identity documents of buyer and seller, and a duly completed transfer form as prescribed by the society's bye-laws. The transfer must be approved by the Managing Committee.
What is the Managing Committee's legal responsibility?
Managing Committee members are elected representatives of the society and have fiduciary duties toward all members. They are responsible for maintaining accounts, conducting audits, convening AGMs, ensuring statutory compliance under the MCS Act, collecting maintenance, maintaining the building and common areas, and implementing decisions of the General Body. Legal advisory helps committees avoid inadvertent non-compliance.