When you move into a flat in Bengaluru, there’s a common misconception: buying your unit means you and your society now own the land. But in reality, the builder often retains legal ownership, even decades after construction. That’s where deemed conveyance (or conveyance in general) becomes crucial to secure your society’s rights over land and common areas.
What Is Deemed Conveyance?
Deemed conveyance is a legal process through which ownership of the common areas and land of a housing society is transferred from the developer to the society or its members, even if a formal conveyance deed hasn’t been executed. Essentially, it’s a way to “deem” or recognize the society as the rightful owner of the shared property and land, ensuring residents have full control and legal rights. This is crucial because without this transfer, the developer technically retains ownership, which can create problems for society down the line, including redevelopment hurdles and limited control over common spaces.
Legal landscape in Karnataka
Unlike Maharashtra’s MOFA, Karnataka’s laws, like the Karnataka Apartment Ownership Act (KAOA) 1972 and RERA, don’t explicitly provide a ready-made “deemed conveyance” path. Under RERA Section 17, developers must transfer undivided interests in common areas to allottees or the RWA, but actual legal ownership transfer often gets delayed.
Surveys and reports show that builders often ignore or refuse conveyance, leaving ownership of land unclear and exposing societies to risks at redevelopment, obtaining municipal permits, or accessing credit.
Why is deemed conveyance critical?
Without it, your society:
- Can’t redevelop legally, as authorities demand ownership proof.
- Loses control of shared spaces like terraces, parking, and gardens.
- Risks are builders mortgaging the land or making third-party deals years later.
- May face legal trouble in upgrades, safety audits, or accessing FSI/TDR.
What can Bengaluru societies do?
- Form a co‑operative society
Registered under the Karnataka Co‑operative Societies Act, 1959. This legal entity is needed before pursuing conveyance. - Request a regular conveyance
Ask your builder to issue a legal conveyance deed. If they cooperate, the deed gets registered with the Sub-Registrar. - Explore deemed conveyance routes
Since there’s no automatic process, societies must:
- File a petition with Karnataka RERA, supporting the transfer of common area rights
- Or approach the Registrar of Co-operative Societies or file a civil suit demanding conveyance by interpreting existing laws
- Amass documentation
- Society registration, share certificates, sale/flat agreements
- Approved site plans, RERA/completion certificates
- Correspondence with the developer requesting conveyance
- Architect reports, property tax receipts, and title search documents
Your deemed conveyance checklist
- Register the Co‑operative Society (minimum 20 members)
- Collect foundational documents like sale agreements, share certificates, and layout plans
- Formally request the builder for conveyance
- If ignored, file a petition via RERA, Registrar, or civil court
- Present detailed evidence: builder correspondence, approvals, title reports
- Once approved, register the conveyance deed and update land records
- Ensure Khata/e-Khata reflects your society as the legal owner
Practical tips & legal updates
- Bengaluru residents, including groups like BAF, have petitioned the Karnataka government to establish formal deemed conveyance provisions under KAOA, but so far, no official policy change has occurred.
- Since May 2025, Bengaluru’s governance has shifted from BBMP to the Greater Bengaluru Authority (GBA). New civic rules may streamline property records and clarifications around conveyance.
- Keep an eye on RWA workshops or newsletters, many advocate for collective legal action and simplified conveyance guidance.
In Bengaluru, deemed conveyance isn’t a checkbox, it’s a vital process that protects your society’s legal standing and physical space. Without it:
- Societies remain vulnerable to builder control
- Redevelopment and civic compliance stall
- Shared assets stay at risk
Form your society, gather documents, push for conveyance either via builder or legal route, and ensure your property name reflects ownership under Khata and land records. This is how you claim your rights and your future.