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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar, J
Veer Tower Co-operative Housing Society Limited. – Appellant
Versus
District Deputy Registrar, Co-operative Societies, Mumbai City (4) – Respondent
JUDGMENT :
1. In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner challenges the impugned Judgment and Order passed by respondent No. 1, which dismissed the petitioner’s application for the conferment of deemed conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, 1963 (hereinafter, the “MOFA Act”). The petitioner principally relies on three grounds for its challenge: firstly, that the developer has not yet availed the full Floor Space Index (FSI) available for the development; secondly, that, as per the terms of the agreement governing the transaction, the right to conveyance is conditioned upon the complete redevelopment of all constituent societies; and thirdly, that the Architect’s certificate tendered in support of the proposal is erroneous. These contentions, if sustained, would undermine the validity of the impugned decision and the consequent rejection of the petitioner’s plea for deemed conveyance.
2. The petitioner, having instituted the proceedings, submitted a proposal on 8th March 2022 before respondent No.1, seeking the issuance of de
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 statutory obligation to execute the conveyance deed under MOFA cannot be delayed by contractual stipulations or incomplete construction, ensuring timely ownership transfer to flat purchasers.
The Competent Authority's jurisdiction under Section 11 of the MOFA Act is limited to enforcing the promoter's obligations, not adjudicating title disputes, which must be resolved in civil courts.
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....
Deemed conveyance under MOFA must adhere to statutory obligations, and timelines cannot be circumvented by private agreements; competent authority must assess the proportional area for conveyance acc....
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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 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 Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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