#MOFA

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 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.

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.

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 Maharashtra State Consumer Commission ruled that housing societies violate the Consumer Protection Act by charging non-occupancy fees or withholding membership from flat owners who have paid the full sale consideration and reside in the unit. This sets a critical precedent protecting homeowners from exploitative society bylaws and reinforces that physical possession coupled with full payment equates to lawful occupancy rights.

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.

Bombay High Court rules that cooperative societies can claim deemed conveyance only for land explicitly disclosed in the original agreement. Subsequent phases of development cannot extend rights over open spaces or undocumented areas, reinforcing the principle of informed consent in phased projects. This judgment impacts developers and societies in Maharashtra navigating MOFA compliance.

Bombay HC ruled that deemed conveyance under MOFA Section 11 must reflect the original sanctioned plot area as per agreements and Urban Land Ceiling Act permissions, rejecting subsequent revenue subdivisions. The judgment reinforces that promoters cannot dilute society rights through post-sanction record alterations, ensuring full conveyance of the agreed land.

The Maharashtra State Consumer Commission ruled that a builder's persistent failure to provide agreed amenities under the Maharashtra Ownership Flats Act (MOFA) amounts to a continuing wrong, thereby extending the limitation period for filing a consumer complaint. This holding ensures homebuyers can seek redressal beyond the standard two-year limitation period if the breach persists.

Bombay High Court rules that the Competent Authority under MOFA can grant deemed conveyance to flat purchasers even if a civil suit challenging the developer's title is pending. The judgment reinforces statutory protection for flat owners, ensuring their rights are not stalled by prolonged litigation over property ownership.

Bombay High Court rules that minor discrepancies in area certificates cannot override the statutory obligation of deemed conveyance under MOFA Section 11 once the project is completed. The judgment reinforces promoter accountability, ensuring housing societies receive conveyance rights even if documentation is not flawless.

Bombay High Court rules that under Section 11(5) of the Maharashtra Ownership Flats Act (MOFA), the Registering Authority is statutorily bound to register a deemed conveyance once certified, irrespective of procedural defects like non-impleadment of the owner. The ruling clarifies that registration cannot be refused on technical grounds, reinforcing the mandatory nature of the provision for housing societies.

Bombay High Court rules that a corrigendum under MOFA Section 11(3) cannot be used to increase granted built-up area, as it violates the finality of quasi-judicial orders. The judgment underscores that administrative authorities lack inherent power to reopen concluded matters without express statutory authorization, impacting property developers and housing societies.

Bombay High Court clarifies that a landowner granting limited development rights while expressly reserving FSI/TDR in the agreement does not qualify as a 'promoter' under the Maharashtra Ownership Flats Act (MOFA). The ruling sets aside an injunction, reinforcing that bare injunction suits are not maintainable where contractual rights are explicitly preserved.