#promoter obligations

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 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.

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.