MahaRERA Cracks Down on Builder Evading Conveyance; Orders Registration Deed Within 30 Days
Kiwele-based housing society secures major relief as MahaRERA directs transfer of all common areas and warns of action under Section 63 of the RERA Act.
Pimpri- Chinchwad: Maharashtra Real Estate Regulatory Authority (MahaRERA) has pulled up a builder for attempting to evade its statutory obligation of executing a conveyance deed by merely forwarding a draft agreement to the housing society. Acting on a complaint filed by Nirmaan Milestone Co-operative Housing Society, Kiwale, MahaRERA has directed Nirmaan Venture to finalize the conveyance deed draft within 30 days and complete the registration of the deed in the society’s name within the following 30 days.
The complaint was filed before MahaRERA through Advocate Ajit Borade. MahaRERA Member Mahesh Pathak passed the order on July 15, 2026.
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Under Section 17 of the Real Estate (Regulation and Development) Act, it is the statutory responsibility of the promoter or builder to execute the conveyance in favor of the housing society. MahaRERA observed that merely sending a draft conveyance deed to the society does not amount to compliance with this obligation. The authority further clarified that any dispute between the builder and the landowner cannot be cited as a reason to avoid or delay the legal duty of transferring ownership rights.
The housing society had objected to the draft conveyance deed submitted by the developer, stating that the area mentioned therein was less than the area approved in the sanctioned plans and project registration documents. While deciding the matter, MahaRERA directed the builder to transfer all common areas, common access roads, and the undivided rights attached thereto in accordance with the sanctioned plans and project registration records.
As per the order, both parties are required to mutually finalize the conveyance deed draft within 30 days, following which the registration process must be completed within the next 30 days. MahaRERA has also directed the builder to hand over all documents necessary for the conveyance to the housing society.
The authority has issued a stern warning that failure to comply with the order will invite action under Section 63 of the RERA Act against the builder.
“MahaRERA has once again made it clear through this order that executing a conveyance deed is a legal obligation of the builder. A builder cannot escape this responsibility by merely sending a draft document or citing disputes with the landowner. This is a significant order safeguarding the property rights of housing societies and will serve as a guiding precedent for other societies across the state. Disputes between builders and landowners cannot come at the cost of the rights of flat purchasers and society members.”
— Adv. Ajit Borade, Counsel for the Complainant Housing Society
