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SANDEEP V. MARNE
Ravi Jagganath Agarwal – Appellant
Versus
Prince Tower Co-operative Housing Society Limited – Respondent
JUDGMENT :
Sandeep V. Marne, J.
By this petition, Petitioner challenges Order dated 15 February 2024 passed by the Competent Authority and District Deputy Registrar, Co-operative Societies-(2), East Suburban, Mumbai (Competent Authority) granting unilateral deemed conveyance of land in favour of Respondent No.1-Society. Petitioner is an auction purchaser, who has purchased the land alongwith the building in the auction conducted by Municipal Corporation for Greater Mumbai (MCGM) on account of failure on the part of the original landowners to pay property taxes. According to Petitioner, the land purchased by him through public auction cannot be conveyed to the Society, as the same would render the transaction of purchase futile. Petitioner's further contention is that Respondent-Society has already instituted a Civil Suit seeking declaration that the auction sale is void and during pendency of that suit, Order of deemed conveyance could not have been passed as the same tantamount to decree of the suit. The next objection of the Petitioner is that he has filed suit against the flat occupiers for their eviction under the provisions of the Maharashtra Rent Control Act, 1999, which would
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 court affirmed that deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
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 failure to ensure service of notice and adherence to natural justice principles invalidates the ex parte decision regarding Unilateral Deemed Conveyance.
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
The court established that the promoter's obligation under MOFA to convey property to the society is paramount, and the competent authority's role is limited to ensuring compliance with this obligati....
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.
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....
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.
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