
Case Law Analysis
|Bombay High Court
MOFA Deemed Conveyance | Appurtenant Open Spaces & Recreational Ground Share Included, Plinth Area Excluded : Bombay HC
The Bombay High Court has ruled that under the Maharashtra Ownership Flats Act, deemed conveyance automatically transfers proportionate undivided rights in recreational grounds and open spaces essential to building use, but not the plinth area itself. This clarifies ownership boundaries for housing societies in TDR layouts, empowering residents to assert common amenity rights against developers who withhold shared infrastructure.