ARIF S. DOCTOR
Saurin Ketan Jariwala – Appellant
Versus
State of Maharashtra, Through Office Government Pleader, Original Side, High Court, Bombay – Respondent
JUDGMENT :
1. The present Petition impugns (i) an order as also (ii) a certificate of Deemed Conveyance both dated 17th October 2019 passed by Respondent No. 2 i.e. the District Deputy Registrar Co-Operative Societies, Mumbai, being the Competent Authority under the provisions of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sales Management and Transfer) Act, 1963 (“MOFA”) on an Application filed by Respondent No.3 under Section 11 of MOFA.
The relevant facts are as follows :-
2. The Petitioner claims to be the successor in interest of a partnership firm known as Venisons. By and under a Deed of Assignment and Transfer dated 14th November 1979 entered into between one Ms. Tehmina Khorshed Karanjia and Venisons, the building known as “Quetta Terrace” (“the said building”), and land bearing Plot No.10, Cadastral Survey No.427 of Malabar Hill Division in D Ward (“the said land”) was leased to Venisons. The members of Respondent No. 3 were the tenants in respect of the flats in the said building.
3. Since the said building was in dilapidated condition, Venisons decided to redevelop the same. It was for this purpose that from the year 1991 Venisons entere
Ramniklal Tusidas Kotak & Ors. v/s. M/s. Varsha Builders and others
Tushar Jivram Chauhan and another v/s. State of Maharashtra and others
Ratna Rupal Co-op. Housing Society Ltd vs. Rupal Builders & others
The main legal point established in the judgment is the obligation of the Promoter under MOFA to transfer rights, title, and interest in the property to the Co-operative Society, as explicitly stated....
The court established that an agreement recognizing tenants as owners of flats, coupled with the receipt of consideration for those flats, qualifies the landlord as a promoter under the Maharashtra O....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The main legal point established in the judgment is the nature of power exercised by the Competent Authority under Section 11 of the MOFA Act, emphasizing the obligation of the promoter to convey rig....
The competent authority under MOFA must properly examine the legality and validity of the deed of conveyance and consider the applicant's eligibility and the promoter's compliance with the obligation....
The Maharashtra Ownership Flats Act mandates conveyance to be executed by promoters; failure triggers a remedial process under Section 11, which is not subject to extensive trials.
Under Section 11 MOFA, Competent Authority conducts summary prima facie enquiry via key documents to grant deemed conveyance on promoter's failure; cannot hold full title trial; pending society regis....
The statutory obligation under Section 11 of MOFA requires the promoter to convey both land and building to the society, and the Competent Authority must enforce this obligation upon the promoter's f....
Subsisting leasehold rights in land and ownership of superstructure preclude deemed conveyance to tenants' society under MOFA without extinguishment proof, valid Section 4 agreements and proper docum....
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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