S. M. MODAK
Rusabh Shah – Appellant
Versus
Avarsekar & Sons Private Limited – Respondent
The ratio on the registration of a condominium, as derived from the provided document, emphasizes that the submission of property to the provisions of the relevant Act (such as the Maharashtra Apartment Ownership Act) must be done strictly in accordance with the statutory requirements. The key points are:
The submission of property to the provisions of the Act is a unilateral act that can only be performed by the promoter, and not by the landowner or other parties unilaterally, unless there is a clear relationship established through proper agreements and compliance with the statutory provisions (!) (!) (!) (!) (!) (!) .
The 'deed of Declaration' must be executed and registered as per the provisions of the relevant Act, and it must contain all necessary particulars as prescribed under the law. Any deviation or non-compliance can render the submission invalid (!) (!) (!) .
The competent authority's role is primarily to verify whether the 'deed of Declaration' is made in accordance with the provisions of the Act and whether the property is submitted properly. The authority cannot mechanically reject or approve without proper verification, and it must ensure that the submission is lawful and compliant before proceeding with registration (!) (!) (!) .
The authority is also responsible for ensuring that the information about the submission has been given to the correct designated authority, typically the Registrar or an officer authorized under the law. Giving information to an officer below the designated authority or not following the prescribed procedures can invalidate the registration process (!) (!) (!) .
The intention of the parties, the compliance of the 'deed of Declaration' with statutory provisions, and the proper procedural adherence are crucial factors in the registration process. Any irregularities or disputes regarding the validity of the 'deed of Declaration' or the submission process can impact the registration of a condominium (!) (!) (!) (!) (!) (!) .
In essence, the registration of a condominium requires strict adherence to statutory procedures, proper execution and registration of the 'deed of Declaration,' and verification by the competent authority to ensure compliance with the law. The authority's role is to confirm that the submission is lawful, complete, and in accordance with the provisions of the relevant Acts, and not to mechanically reject or approve without due verification.
JUDGMENT :
1. There was a dispute in between proposed society headed by the Petitioner as Chief Promoter on one hand and the Developer/Promoter – Respondent No.1 on the point of formation of new entity. According to Petitioner, it should be co-operative housing society, whereas, according to Respondent No.1, already the declaration is submitted as per the provisions of the Maharashtra Apartment Ownership Act, 1970 (Maharashtra Act No.XV of 1971) [ “MAO Act 1970”]. There is one more facet to this dispute. The ‘Declaration’ as contemplated under the provisions of Section 2 of MAO Act 1970 was registered but not by Respondent No.1 but by one Mr.M.V.Prajith.
2. This dispute first arose before the ‘Competent Authority’ constituted under Section 5A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act No. XLV of 1963) [“MOFA, 1963”]. This was when the proposal moved by the Petitioner for registration of cooperative housing society was under consideration and the Respondent No.1 took objection under the provision of Sec
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