Topic
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 HC affirms that the Competent Authority under Section 11 of the Maharashtra Ownership Flats Act can grant deemed conveyance even if the developer has prepared a draft deed excluding certain areas. The ruling clarifies that disputes over property transfer entitle societies to statutory remedy, overriding developer objections.
Bombay High Court holds that executing courts must adopt a purposive approach to implement consent decrees, ensuring clear property demarcation through practical steps.
Bombay High Court holds that under MOFA, a promoter must convey the entire plot described in the agreement, not just the land under the new building, if contractual terms and statutory duty require it.