#Deemed Conveyance

The Bombay HC held that the Competent Authority erred in rejecting the deemed conveyance application. It ruled acquiescence to separate society formation entitles the petitioner society to proportionate conveyance of 2139.14 sq.mts of layout land, including road FSI benefits, under GR 2018.

The Bombay High Court has ruled that once a deemed conveyance certificate is issued under MOFA, the Competent Authority becomes functus officio and cannot later alter property allocations-such as proportionate shares in recreational space-through a corrigendum. This clarifies that clerical corrections under MOFA cannot resolve substantive disputes over land division, protecting societies and developers from post-conveyance administrative overreach.

Bombay High Court rules that mere allotment of an alternate plot under a town planning scheme does not confer automatic title transfer. The appellant must seek formal modification or conveyance to establish legal ownership, reinforcing the need for due process in property disputes.

Bombay High Court rules that alternate plot allotment under the MRTP Act does not automatically confer title unless the scheme is formally modified. The court dismissed the appellant’s claim due to a 40-year delay and a doubtful conveyance deed, reinforcing that interim relief in property disputes requires strict compliance with statutory procedures.

Bombay High Court clarifies that a unilateral deemed conveyance certificate under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) is not conclusive proof of title. Affected parties retain the right to challenge ownership in civil courts, emphasizing the certificate's procedural rather than substantive finality.

Bombay High Court quashes a deemed conveyance certificate under MOFA, holding that summary proceedings cannot adjudicate disputes involving forged documents, rival claimants, or prior conveyances. Parties must now pursue civil suits for title declaration, reinforcing MOFA’s procedural limits in complex property disputes.

Bombay High Court rules that conflicting deemed conveyance certificates cannot be resolved administratively; affected parties must file a civil suit for a definitive title declaration. The judgment preserves both certificates until a court ruling, impacting co-operative housing societies and developers in Maharashtra.

The Bombay High Court has ruled that under MOFA Section 14, the Competent Authority has a statutory duty to grant deemed conveyance to housing societies regardless of pending title disputes or exaggerated land claims by developers. This clarifies that procedural objections to title ownership cannot override the legislature’s intent to protect flat purchasers’ rights, reinforcing legal certainty for co-operative societies nationwide.

The Bombay High Court has ruled that a cooperative housing society cannot claim excess land merely because another society received less than its rightful share due to administrative oversight. Land allocation under the Maharashtra Ownership Flats Act must strictly reflect the proportion of built-up area each society owns, preventing unjust enrichment and reinforcing equitable distribution in joint layouts.

Bombay High Court rules that the moratorium under the Insolvency and Bankruptcy Code does not bar the Competent Authority from granting deemed conveyance under MOFA, prioritizing welfare legislation over insolvency proceedings. The judgment ensures housing societies can secure legal title to property even when the promoter is under CIRP, safeguarding flat owners' rights.

The Bombay High Court has ruled that once a developer has exhausted the permissible development rights under MOFA, they cannot delay transferring land to the housing society by alleging potential future Floor Space Index. This clarifies that deemed conveyance is triggered by completed development, not speculative future gains, protecting cooperative societies from prolonged legal obstruction by builders.

The Bombay High Court has ruled that once stamp duty is paid on a registered Agreement for Sale deemed a conveyance under Article 25 of the Maharashtra Stamp Act, no further duty is payable on the subsequent Conveyance Deed. This prevents double taxation in property transactions and provides clarity to housing societies and buyers navigating post-agreement transfers.

The Bombay High Court has ruled that a landowner who enables housing development, transfers FSI rights, and facilitates flat sales - even without a formal development agreement or direct cash payment - qualifies as a 'promoter' under MOFA. This triggers mandatory conveyance obligations to housing societies, reshaping how landowners structure joint development arrangements across Maharashtra.

Bombay High Court rules that the Maharashtra Ownership Flats Act's deemed conveyance provision applies prospectively to ongoing defaults, obligating promoters to execute conveyance even for agreements predating the Act. The judgment clarifies that statutory obligations persist until compliance, impacting housing societies and developers across Maharashtra.

The Bombay High Court ruled that under MOFA, a promoter who combines adjacent plots to maximize Floor Space Index cannot evade conveyance of the entire developed area simply because part of the land is classified as slum. The obligation to transfer title is mandatory, subject only to the existing rights of lawful occupants - reinforcing that FSI benefits do not override statutory conveyance duties to housing societies.