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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Kartik Regency Coop. Housing society Ltd. – Appellant
Versus
State of Maharashtra, through Cooperation Department – Respondent
| Table of Content |
|---|
| 1. promoter failed to convey despite selling flats. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. section 11 inquiry limited to prima facie documents. (Para 7 , 8) |
| 3. pending appeal and consents bar incomplete society claim. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. summary proceedings allow relevant document review. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. documents confirm precise land identity for conveyance. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. minutes and consents do not override obligations. (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 7. pending registration valid for section 11 relief. (Para 34 , 35 , 36) |
| 8. direct deemed conveyance; set aside rejection. (Para 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
AMIT BORKAR, J.
1. By the present writ petition instituted under Articles 226 and 227 of the Constitution of India, the petitioner calls in question the legality and correctness of the order dated 26 August 2025 passed by Respondent No. 2 in exercise of powers under Section 11 of the MAHARASHTRA OWNERSHIP FLATS ACT , 1963. By the said order, the application preferred by the petitioner Co-operative Housing Society seeking grant of Deemed Conveyance in respect of the property of the Society came to
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 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 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....
Competent Authority under Section 11 MOFA must determine and grant deemed conveyance for correct subdivided area from official records, undeterred by pending civil suits on construction deviations an....
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.
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 absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining deemed conveyance, as the promoter's failure cannot disadvantage flat purchasers.
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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