Deemed Conveyance Done? Your Flat Title Isn't Safe Yet

Getting deemed conveyance for your housing society does not mean your property title is final. A Bombay HC ruling confirms that title disputes can still happen after conveyance. Flat buyers must take extra steps to protect ownership.

Here's what happened: The Bombay High Court ruled that deemed conveyance granted under Section 11 of MOFA does not conclusively determine property title or a society's entitlement to the land.. The HC upheld a proportionate deemed conveyance order, clarifying that the conveyance proceeding is administrative in nature and separate from any civil dispute about who truly owns the land.. This means flat owners and housing societies in Maharashtra cannot treat a deemed conveyance certificate as final proof of clean, undisputed title — further legal steps remain necessary..

What you should do: Check whether your housing society has completed municipal property mutation (khata/property card update) after receiving deemed conveyance — this step is what actually reflects your society's ownership in government records.. Before buying a resale flat or taking a loan against property in any Mumbai or Maharashtra cooperative society, ask specifically whether any land title litigation exists beyond the deemed conveyance document.. Consider title insurance (offered by a few Indian insurers) for high-value flats in older redeveloped buildings — it covers legal costs if a title dispute surfaces after your purchase..

Lenders approving loan against property (LAP) often check only the deemed conveyance certificate — but a shadow title dispute can still get your loan frozen mid-tenure. Demand a clear title search report from a lawyer before signing any LAP agreement.

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