When you buy a flat, you own your home. But who owns the land the building stands on, and the building itself? Until a step called conveyance is completed, the answer is often: the developer. Many buyers only discover this years later — usually when their society wants to redevelop.
What is conveyance?
Conveyance is the legal transfer of the title of the land and the building from the developer to the co-operative housing society formed by the flat owners. It’s done through a registered conveyance deed.
Once it’s done, the society — that is, all the residents together — is the legal owner of the land and the structure, and the society’s name appears in the land records.
Why it matters
1. Your society truly owns the land. Without conveyance, the land stays in the developer’s (or original landowner’s) name. Your flat is yours, but the ground beneath it isn’t your society’s.
2. Redevelopment depends on it. Thirty or forty years from now, when the building is due for redevelopment, the society needs clear title to negotiate with a developer and benefit from the additional FSI and TDR the land may carry. Without conveyance, redevelopment can be delayed for years — or the benefits may not reach the residents.
3. Protection from disputes. Clear title means the land can’t be mortgaged, sold or built on by anyone else without the society’s consent.
4. Smoother resale and loans. Buyers and banks look for clean title. A conveyed society makes it easier for members to sell or take a loan against their flat.
5. Control over the building. Repairs, additional construction and other decisions about the property rest with the residents, through their society.
What the law says
In Maharashtra, the Maharashtra Ownership Flats Act (MOFA) and the Real Estate (Regulation and Development) Act (RERA) both require developers to execute conveyance in favour of the society within a set period — under RERA, generally within three months of the Occupation Certificate, unless local law provides otherwise.
When a developer doesn’t do this, the society can apply for deemed conveyance to the District Deputy Registrar of Co-operative Societies — a legal route to get the title transferred without the developer’s cooperation. It works, but it takes time, paperwork and cost that the residents shouldn’t have to bear.
How to check before you buy
- For a new project: ask the developer when and how conveyance will be done, and check the agreement for sale.
- For a resale flat: ask the society whether conveyance — or deemed conveyance — has been completed, and ask to see the registered conveyance deed and the land records in the society’s name.
- Check the project on MahaRERA — see our guide on why you should buy only in a RERA-registered project.
Our commitment
At TCJ Realty, we convey every project to its housing society — so the land and the building belong to the families who live there. It’s part of how we’ve built trust across Kalyan and Ambernath since 1996, and it means our residents never have to chase ownership of their own building.
If your existing society is thinking about redevelopment, conveyance is the first thing to check. Talk to us about redevelopment — we’ll help you understand where your society stands.
This article is general information, not legal advice. Please confirm the details for any specific property with your advisor or the registrar.
