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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Paramanand Builders LLP., – Appellant
Versus
Competent Authority & District Deputy Registrar, Cooperative Societies – Respondent
| Table of Content |
|---|
| 1. factual history of leasehold allotments and deemed conveyance application (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioners argue contracts limit society to leasehold rights (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. respondents assert promoter must convey full title under mofa (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. statutory scheme of mofa overrides private contracts (Para 28 , 29) |
| 5. mofa sections mandate promoter agreements and conveyance (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 6. broad promoter definition includes land owners causing construction (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 7. promoter duties for disclosure and society formation (Para 44 , 45) |
| 8. section 11 requires full transfer of promoter's title interest (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 9. form v ensures complete conveyance matching promoter's estate (Para 55 , 56 , 57) |
| 10. precedents confirm society gets promoter's entire interest (Para 58 , 59 , 60 , 61 , 63) |
| 11. lease clauses in agreements subordinate to section 11 (Para 64 , 65) |
| 12. prior cases fact-specific; not binding precedents (Para 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73) |
| 13. no executed lease; owner |
Under MOFA, promoter must convey entire right, title, and interest in land and building to flat purchasers' society; private leasehold agreements do not override if no lease executed and promoter hol....
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....
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
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 to execute the conveyance deed under MOFA cannot be delayed by contractual stipulations or incomplete construction, ensuring timely ownership transfer to flat purchasers.
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 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 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....
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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