PANAJI
The Goa government has promulgated the GoaCo-operative Societies (Amendment) Ordinance, 2026, paving the way forimplementation of its flagship "Mhajo Flat’ scheme, an initiative aimed atsecuring ownership rights for thousands of flat owners. The ordinance,promulgated by Governor Pusapati Ashok Gajapathi Raju on July 6, has come intoforce with immediate effect.
The ordinance introduces a statutory frameworkfor deemed unilateral conveyance, enabling housing societies to obtain legaltitle over land and buildings where builders or landowners fail to executeconveyance deeds. Members can approach a designated officer, who will examinethe documents and submit a report before the competent co-operative officerorders registration of the conveyance, even if disputes exist between thebuilder and landowner.
The entire deemed conveyance process must becompleted within one year of the application, while builders or promoters whoobstruct the process can face penalties of up to Rs 10 lakh and an additionalRs 5,000 per day for continuing default.
“The Designated Officer after making suchenquiry as deemed necessary and after verifying the authenticity of the documentssubmitted and after giving a reasonable opportunity of being heard to all theparties concerned, on being satisfied that it is a fit case for inferring thatthe land owner or builder or developer has not facilitated to transfer thetitle over the land and apartment/unit to the concerned co-operative societywithout any substantial cause and valid reason and that he is convinced thatthe title need to be transferred by way of conveyance deed make Report thereofto the Co-operative Officer,” the Ordinance stated.
The government has also said that the mattercannot be challenged in any Court or Tribunal with regard to duties performedunder the new law.
To reduce the financial burden on societies,the government has simultaneously reduced registration fees for unilateraldeemed conveyance to a fixed amount of Rs 10,000 and prescribed concessionalstamp duty based on the location and nature of the property. It has alsoexempted stamp duty on conveyances executed by members in favour ofco-operative housing societies.
Another significant change allows owners ofbuildings constructed before the coming into force of the Real Estate(Regulation and Development) Act, 2016, and having three or more dwellingunits, to form co-operative housing societies even if they were unable to do sounder the existing law. Apartment owners can appoint a chief promoter to applyfor registration by producing notarised agreements, sale deeds or otherownership documents along with occupancy certificates, wherever available.
The ordinance further provides a legalframework for redevelopment of co-operative housing societies and makes itmandatory for office bearers to complete transfer of title from builders orlandowners to the society within three months of registration. Where this isnot done, members can seek deemed conveyance through the newly createdmechanism.
In another major reform, the government hasestablished Society's Advisory Harmony and Redressal Authority (SAHARA) to heargrievances and disputes relating to co-operative housing societies. Appealsagainst SAHARA's decisions will lie before the Co-operative Tribunal.
Beyond housing societies, the ordinancetightens governance norms for co-operative societies by introducing strictereligibility criteria for directors, mandatory training, compulsory disclosureof assets by board members, faster auditing timelines, electronic filing ofreturns and stronger penalties for mismanagement and non-compliance. It alsorecognises virtual meetings as valid for society business, except elections,which must continue to be conducted physically.
