Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
S&M Enterprises – Appellant
Versus
Palazzo Building No. 1 CHSL – Respondent
| Table of Content |
|---|
| 1. petition challenges deemed conveyance order. (Para 1 , 2) |
| 2. factual background of property ownership and society formation. (Para 3 , 4 , 5) |
| 3. court evaluates construction phases and rights. (Para 6 , 7 , 8) |
| 4. issues raised by society on construction quality and amenities. (Para 9 , 10 , 11 , 12) |
| 5. disclosure of fsi rights and limitations on developments. (Para 13 , 14 , 15) |
| 6. society's claims against promoter's development rights evaluated. (Para 16 , 17 , 18) |
| 7. court's ruling on deemed conveyance and future actions. (Para 19 , 20 , 21) |
| 8. judgment concludes and addresses potential stay. (Para 22 , 23) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Present Writ Petition takes exception to the order dated 17.06.2022 passed by the District Deputy Registrar, Pune in Application No.466 of 2021 filed by Respondent No.1 – Society under Section 11 (3) of the the Maharashtra Ownership Flats (Regulation of the promotion of Construction, Sale, Management And Transfer) Act, 1963 (for short ‘MOFA’).
2. By order dated 17.06.2022, the District Deputy Registrar, Pune allowed the Application filed by Respondent No.1 - Society and granted deemed conveyance in respect of the subject property bear
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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 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 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.
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....
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 Competent Authority must comply with statutory obligations and government guidelines when issuing deemed conveyance certificates, ensuring proper measurement and entitlement assessment.
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
