#housing society

Bombay HC rules that altering property area from 566.94 sq. mtrs to 828.24 sq. mtrs via corrigendum constitutes a substantive review, not a clerical correction, violating the functus officio doctrine under Section 11 of the Maharashtra Ownership Flats Act. The ruling bars authorities from indirectly reviewing their own orders without due process, impacting property rights and obligations of housing societies.

Bombay HC rules that a registered lease-cum-conveyance deed suffices to establish title transfer under MOFA, even without a Section 4 agreement. The judgment clarifies that housing societies can secure deemed conveyance rights based on registered documents alone, bypassing procedural gaps in builder agreements.

Bombay HC rules that a housing society’s right to deemed conveyance under MOFA Section 11 remains valid even if the land is later reserved for public purposes. The court held that post-construction planning changes cannot retroactively invalidate lawful building rights, ensuring protection for flat owners and societies against arbitrary administrative actions.

Bombay High Court holds that promoters must convey title to individual housing societies within four months of registration, irrespective of apex body formation under MOFA.