V. P. Patel and Brothers – Appellant
Versus
Laxmi Complex Commercial Premises Coop. Society Ltd. – Respondent
| Table of Content |
|---|
| 1. aggrieved party and property details. (Para 1 , 2) |
| 2. arguments regarding notice and service. (Para 3 , 4) |
| 3. procedure for deemed conveyance and service. (Para 5 , 6 , 7) |
| 4. decision on high court's judgment. (Para 8) |
| 5. rejection of special leave petition. (Para 9 , 10) |
ORDER :
1. The petitioner is aggrieved by the impugned judgment of the High Court which refused to interfere with the order of ‘unilateral deemed conveyance’ issued by the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 19631[for short, ‘the Act of 1963’]. The petitioner-builder’s contention is that the petitioner was not issued with a notice and afforded a reasonable opportunity of hearing as stipulated under the Act of 1963 read with Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale Management and Transfer) Rules, 19642[for short, ‘the Rules of 1964’]. Based on the above order of the Competent Authority, a deed of conveyance was registered by the Sub- Registrar, Haveli No.17, Pune, which, as a consequence was refused to be interfered with by the impugned judgment.
2. In the writ pe
The court upheld unilateral deemed conveyance under the Maharashtra Act, affirming procedural compliance and the validity of notice issuance despite the petitioner's claims of insufficient service.
Contentions regarding title, in respect of the property in question or adjudication in respect of the property in question or adjudication in respect of entitlement of exact quantification of FSI on ....
The competent authority's jurisdiction to grant deemed conveyance is limited and cannot delve into aspects of title. An order granting deemed conveyance does not conclude the issue of right, title, a....
The Competent Authority's deemed conveyance under MOFA must adhere strictly to existing agreements, and disputes over property rights should be resolved in civil court.
The court affirmed that a unilateral deemed conveyance can be granted under MOFA despite ongoing litigation, as the statutory rights of flat purchasers are not extinguished by an auction sale.
The main legal point established in the judgment is that the conveyance of land must be in accordance with the agreement between the parties, and a technical violation of natural justice may not warr....
The Competent Authority's failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The right to deemed conveyance under the MOFA Act matures upon execution of the agreement and payment, and cannot be delayed by the developer's inaction.
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
The court affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
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