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Is OC mandatory for Conveyance?


Is OC mandatory for Conveyance?

Last updated: September 24 2018
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  • Is OC mandatory for Conveyance?

    My property comes under grampanchayat with a township plan of NAINA. in 2017 CHS was formed and the conveyance was done with builder but there is no OC from muncipal cororation. We have OC from grampanchayat. So was the conveyance illegal? Who should fight for OC CHS members or owners and how? Its a 3 year old property.
    Last edited September 24 2018, 06:26 PM.
  • #2


    Re : Is OC mandatory for Conveyance?

    Check this -

    Also, check this content from the web ( search for more of it ) -

    Deemed conveyance and Circular dated 18 September 2017 issued by the Department of Housing, Government of Maharashtra

    According to provisions of Section 11 of the Maharashtra Ownership Flats Act (MOFA), the promoter (builder/developer) is legally required to convey the land and the building within 4 (four) months of formation to the society or any legal body of the flat purchasers. 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, MOFA was amended in 2008 to enable societies to get deemed conveyance on their own (where the builder refuses to cooperate).

    Till now, for obtaining deemed conveyance, one of the mandatory document, that was required to be submitted to the regulatory authorities amongst others, was an occupation certificate (OC). The Department of Housing, Government of Maharashtra has by its circular dated 18 September 2017 relaxed this requirement and clarified that it is now not necessary to obtain OC to apply for deemed conveyance.

    The circular on the face of it appears to be a reason to rejoice, considering that obtaining conveyance of land in favour of the society has various benefits which have already been mentioned above. Conveyance is mandatory for society who intend to go for redevelopment. Without conveyance the society cannot acquire redevelopment. This move will particularly help residents of old buildings who are looking for redevelopment who will now be able to ensure conveyance of land without occupation certificate.

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