Housing Society Formation and Conveyance in Mumbai: A Guide for New Flat Buyers

When you buy a flat, you own the flat. The land and the building, though, stay in the builder's name until conveyance. So your housing society becomes the legal body that will hold this title for all owners.

Conveyance is the registered deed that moves this ownership from the builder to the society. After the deed gets registered, the society's name goes onto the property card. That gives your building a clean title for loans, resale and future redevelopment.

Without it, your society cannot use spare FSI or plan a rebuild on its own. Many older Mumbai buildings faced this problem for years. That is why the law now fixes strict timelines for builders.

Four laws shape this process in Maharashtra.

• RERA Act, 2016: Section 11(4)(e) covers society formation, and Section 17 covers conveyance.
• Maharashtra RERA Rules, 2017: Rule 9 sets the exact timelines for both steps.
• Maharashtra Co-operative Societies Act, 1960: It sets the rules your society follows to register and run.
• MOFA, 1963 (as amended in 2025): It now gives RERA projects a clear route to deemed conveyance.

The 2025 change is important for new buyers. The state passed the MOFA (Amendment and Validation) Act on 31 December 2025. It added Section 11A, which lets societies in RERA-registered projects seek deemed conveyance directly.

Step 1: The 51% trigger

Once buyers book 51% of the flats in a building or wing, the clock starts. The builder must then file the society form with the Deputy Registrar within three months. The builder files this on behalf of all flat buyers.

Step 2: Buyers sign up as members

The builder or a chief promoter collects member forms from each flat owner. Each member pays share money and an entrance fee. The builder also deposits this share capital in a bank account opened for the proposed society.

Step 3: Registration by the Deputy Registrar

The Deputy Registrar checks the papers and registers the society. Your society then gets its own certificate and number. Every member later receives a share certificate that links the flat to the society.

Step 4: First general body meeting

After the society registers, all members must meet within three months. At this first meeting, members pick a short-term committee and accept the model bye-laws. Full elections then follow as per the law.

After the society forms, the builder must sign and register the conveyance deed in its favour. The deed transfers the building and its share of the land. The builder must also hand over key papers, such as sanctioned plans, the OC and common area records.

Your society then pays the stamp duty and registration charges that apply. After registration, it applies to update the property card or 7/12 record in its own name. This last step completes the title transfer.

Many societies in Mumbai still wait for builders to act. In such cases, the law allows a one-sided transfer called deemed conveyance. Your society can apply to the District Deputy Registrar, who hears such cases under MOFA.

Keep these papers ready when you apply:

• Society registration certificate: Shows that your society exists in law
• Copies of registered flat agreements: Proof of each member's purchase
• Property card or 7/12 extract: Current land records of the plot
• Approved building plan and OC: Proof of legal construction
• Proof of notice to the builder: Shows that you asked for conveyance first

The authority issues a public notice and hears both sides. If it accepts the claim, it issues a deemed conveyance certificate. The society then registers it with the Sub-Registrar and updates the land records.

Large projects follow the layout route, which adds one more level. Each tower can form its own society first. Later, these societies join an apex body or federation that manages the shared land and amenities.

Prestige Grove Park in Borivali is a good example of this setup. The pre-launch township plans six towers with about 1,500 homes on over 8 acres. It also includes about 2.8 acres of open green space, a 0.7-acre clubhouse and three basement parking levels.

In a layout like this, each tower's structure moves to its own society after the OC. The land and shared amenities then move to the apex body after the last tower gets its OC. Prestige plans the launch for March 2027 and targets possession by December 2031.

As a buyer, you can follow the build stages on the Prestige Grove Park construction status page. Keep your registered agreement safe from day one, because your society will need it. Attend the early meetings too, since the first committee shapes how the township runs for years.

The law gives you rights, but it also expects you to take part. Section 19(9) of RERA asks every buyer to join in forming the society. Section 19(11) asks you to take part in registering the conveyance deed.

So pay your share money on time and sign the member forms when asked. Read the bye-laws and vote in the first elections. If the builder misses a deadline, raise the matter in writing and then approach MahaRERA.