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2012 Supreme(Bom) 1944

ROSHAN DALVI
Chairman/Secretary, Deep Apartment CHS Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:S.K. Jain i/b Suman, Advocates.
For the Respondents: R1 to R5, Ms. Sindha Shridharan, AGP.

Judgment

1. Rule made returnable forthwith.

2. This writ petition challenges the orders of the Registering Authority and the Appellate Authority refusing to register a conveyance executed by and between a private limited company which was the builders of the building and the co-operative housing society of flat purchasers which has been registered under the Maharashtra Co-operative Societies Act. The order of refusal sets out various provisions of various legislations which are claimed not to have been complied. These are inter alia Sections 7 & 54 of the Transfer of Property Act, Section 11 of the Indian Contract Act and Section 11 of the Indian Evidence Act as also Section 34 of the Indian Registration Act. The order further refers to Section 72(3) of the Maharashtra Registration Manual, Part II which requires compliance with Sections 19 to 26 and 33 to 35(b) of the Indian Registration Act.

3. The Registering Authority is required to register the document executed by the parties to present themselves before the Registering Authority and admit execution thereof. Consequently under the Indian Registration Act the following provisions would have to be complied for undertaking that p
















































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