#MOFA 1963

Bombay High Court rules that promoters must secure explicit informed consent from existing apartment owners under Section 7 of the Maharashtra Ownership Flats Act (MOFA), 1963, before undertaking structural alterations. The Court overturned a blanket injunction, permitting construction subject to undertakings to preserve amenities, reinforcing promoter obligations and buyer rights in real estate disputes.

Bombay High Court reinforces that developers must secure explicit consent from flat purchasers under Section 7 of the Maharashtra Ownership Flats Act 1963 before undertaking additional construction. The ruling protects housing societies from unilateral FSI exploitation and ensures statutory compliance in cooperative housing projects.

The Bombay High Court quashed an FIR against an individual who only introduced a buyer to a builder, ruling that without any financial stake, contractual obligation, or active participation in the fraudulent transaction, mere introduction does not satisfy the ingredients of cheating under Section 420 IPC or MOFA 1963. This clarifies the boundary of criminal liability for third-party intermediaries in real estate fraud cases.

Bombay HC rules that individual flat purchasers who fail to form a cooperative society or legal body under MOFA 1963 cannot challenge deemed conveyance granted to an existing society. The court held that contractual rights in sale agreements do not override statutory conveyance proceedings where purchasers remain unorganised.

Bombay High Court rules that unilateral deemed conveyance under Section 11 of MOFA 1963 cannot be granted without a valid promoter-purchaser relationship established through a registered agreement under Section 4. The judgment underscores that oral agreements or tenancy arrangements do not satisfy jurisdictional prerequisites, impacting housing societies seeking conveyance rights.