#Section 11 MOFA

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 ruled that non-registration of a development agreement does not bar deemed conveyance under MOFA if the transactional history, possession, and statutory exemption under ULC prove the promoters' substantive rights. Landowners who availed ULC benefits are estopped from resisting conveyance, reinforcing statutory intent to protect flat owners' ownership rights.

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 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.

Bombay High Court holds that pendency of civil suits over FSI violations does not bar deemed conveyance under Section 11 of MOFA; statutory duty must be fulfilled based on recorded land title.

Bombay High Court upholds deemed conveyance under Section 11 of MOFA 1963 for proportionate land even if entire layout is incomplete, affirming statutory intent over developer delays.