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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
H.V. Infrastructure Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
Milind N. Jadhav, J.
1. Heard Mr. Nagar, learned Advocate for Petitioners, Mr. Mulla, learned AGP for Respondent No.1 – State and Mr. Yadav, learned Advocate for Respondent No.2 – Society.
2. The present Writ Petition assails the order dated 27.06.2024 passed in Revision Application Nos. 71 of 2020 and 72 of 2020 by the Divisional Joint Registrar of Co-operative Societies upholding the twin orders dated 16.12.2019 passed in Appeal Nos. 42 and 43 of 2019 by the Assistant Registrar. Petitioner No. 1 is a private limited company. Petitioner No. 2 is its Director. Petitioners are based in New Delhi. Petitioners have sought membership of Flat Nos. 38 and 39 in B wing of Respondent No. 2-Society.
3. Facts in the present Petition are qua the substantive right of Petitioners in the twin flats which date back to 2001 onward. Timeline in the present case is such that Petitioners have been deprived of their substantive right in the subject flats and therefore Court is required to step in. The relevant facts are as under:-
(i) Both flats admittedly belonged to one Mr. Siraj Abdul Karim Mehtaji (erstwhile member of the Society). The said member admittedly stood as guarantor for availing l
Title to property sold at a public auction is transferred to the purchaser upon confirmation, irrespective of subsequent registration of the Sale Certificate, which is exempt from compulsory registra....
The court established that compliance with procedural rules in auction sales is essential, and the burden of proof lies with those challenging the sale to demonstrate fraud or irregularity.
Sale certificates from auction sales do not require registration under the Registration Act, confirming that title transfers upon sale confirmation.
The main legal point established in the judgment is the interpretation and application of Rule 107 (11) (d-1) of the Maharashtra Cooperative Societies Rules, 1961 in the context of upset price fixati....
The central legal point established in the judgment is the importance of upholding consent terms, the obligations of the parties, and preventing deliberate obstruction of recovery proceedings.
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.
Housing societies cannot admit members for non-existent refuge area spaces sold as flats by divested developer, as it violates membership limits; distinguishes from unauthorized construction disputes....
A third party cannot challenge a mortgage created prior to their purchase of property, and the auction proceedings are valid if conducted according to law.
Ownership of immovable property requires a registered sale deed; an unregistered agreement to sell does not confer any title or interest.
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