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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Deemed Conveyance Application Validity - Several sources affirm that applications for deemed conveyance are maintainable when statutory and procedural requirements are met, such as proper publication, notice, and adherence to relevant laws (e.g., MOFA). For instance, Source ["2025 0 Supreme(Bom) 1393"] states that the application was held maintainable in law, emphasizing that statutory provisions govern the process, and deemed conveyance cannot override statutes. Conversely, some sources highlight procedural lapses or prior conveyance executions that render such applications non-maintainable, such as when conveyance has already been executed or when the application is filed with incorrect details (["2023 0 Supreme(Bom) 539"], ["
Blue Heaven Co-op Housing Society Ltd. VS Punit Construction Company Pvt. Ltd. - Bombay
"]).Requirement of Demand Notice - The question of whether a demand notice is essential for the application’s maintainability is addressed indirectly. Several judgments suggest that proper notice, publication, and compliance with statutory procedures suffice, and the absence of a demand notice alone does not necessarily invalidate the application as long as other procedural requirements are fulfilled (["2023 0 Supreme(Bom) 2013"], ["2025 0 Supreme(Bom) 434"]).
Procedural and Legal Challenges - Some sources note that applications can be dismissed if they are filed without proper documentation, if conveyance has already been executed, or if there are contractual or statutory impediments. For example, ["2023 0 Supreme(Bom) 539"] mentions that the application was dismissed because conveyance had already been executed, and ["
Blue Heaven Co-op Housing Society Ltd. VS Punit Construction Company Pvt. Ltd. - Bombay
"] discusses the importance of proper resolution and compliance with MOFA obligations.Jurisdiction and Grounds for Rejection - Courts and authorities have rejected deemed conveyance applications when issues such as fraudulent registration, non-compliance with MOFA, or prior conveyance are present, indicating that procedural irregularities and substantive legal issues influence maintainability (
Blue Heaven Co-op Housing Society Ltd. VS Punit Construction Company Pvt. Ltd. - Bombay
, 2023 0 Supreme(Bom) 539).Analysis and Conclusion:The maintainability of a deemed conveyance application does not strictly depend on the presence of a demand notice; rather, it hinges on adherence to statutory procedures, proper publication, and whether prior conveyance or legal impediments exist. When statutory requirements are met, and no prior conveyance has been executed, such applications are generally considered maintainable. However, procedural lapses, prior conveyances, or non-compliance with statutory obligations can render these applications non-maintainable or subject to dismissal.References:- ["2025 0 Supreme(Bom) 1393"]: Court upheld maintainability, emphasizing statutory compliance.- ["2023 0 Supreme(Bom) 2013"], ["
Blue Heaven Co-op Housing Society Ltd. VS Punit Construction Company Pvt. Ltd. - Bombay
"]: Highlight procedural considerations and potential grounds for rejection.- ["2023 0 Supreme(Bom) 539"]: Prior conveyance execution affects maintainability.
In the complex world of real estate in Maharashtra, housing societies often face delays in obtaining conveyance of land and building from developers or promoters. One common hurdle is the question of whether a application under () requires a prior demand notice. This issue arises frequently when societies seek to secure their statutory rights.
If you're a member of a co-operative housing society struggling with non-compliant promoters, understanding this can be crucial. This post breaks down the legal position, supported by judicial precedents, to clarify: Whether a application is maintainable without a demand notice. Note: This is general information based on case law and statutes; consult a legal expert for advice specific to your situation.
Whether Without Demand Notice for Conveyance Application Maintainable?
The short answer, as affirmed by multiple courts, is yes. The requirement of a demand notice under Section 11(3) of is not an absolute precondition. Applications remain maintainable if they meet other procedural and substantive criteria. Courts prioritize the fulfillment of statutory obligations over rigid formalities like notices, especially when promoters fail to convey property timely. 2025 0 Supreme(Bom) 442
Section 11(3) empowers flat purchasers or societies to apply to the for a certificate of if the promoter defaults. The provision emphasizes filing the application with necessary documents but does not explicitly mandate a prior demand notice as a gateway to maintainability.
Key points from judicial interpretations:- applications can be filed without prior demand notices. 2025 0 Supreme(Bom) 442- The statutory scheme does not mandate a demand notice as a (essential condition) for maintainability. 2025 Supreme(Bom) 839- Procedural compliance and substantive eligibility trump the issuance of notices. Courts focus on whether the society has a legitimate claim under . 2025 0 Supreme(Bom) 261
In one case, the court observed that the application was allowed and the order was upheld despite the lack of a demand notice, emphasizing that the law's primary concern is the fulfillment of procedural and substantive requirements of the application. 2025 0 Supreme(Bom) 442
Several judgments reinforce this position:- In a pivotal decision, the court upheld a order even without an (OC), noting that procedural formalities like notices are not explicitly mandatory prerequisites. This indicates a broader approach prioritizing substantive rights of flat purchasers. 2025 Supreme(Bom) 839- Another ruling explicitly stated that the statutory obligation to obtain an does not bar , and procedural requirements such as notices are to be interpreted in a manner consistent with , but not necessarily as strict prerequisites. 2025 0 Supreme(Bom) 261
These cases align with the principle that promoters' defaults—such as failing to issue conveyance deeds within four months of society formation—cannot penalize buyers. 2024 0 Supreme(Bom) 571
Courts have extended this logic to other procedural lapses:- Absence of OC does not impair rights: The absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining , as the promoter's failure cannot disadvantage flat purchasers.
- Even amid ongoing litigation or auction sales, can proceed, as statutory rights under Section 11 are not extinguished. The retains jurisdiction. 2024 0 Supreme(Bom) 1078- The 's role is limited to verifying promoter obligations and defaults, without delving into title disputes. An order for does not conclude title issues, leaving room for civil suits. 2023 0 Supreme(Bom) 651
In 2024 0 Supreme(Bom) 571, a legal notice was issued, but non-compliance led to the application—yet the focus was on enforcing conveyance of both land and building, not notice perfection.
Authorities should interpret liberally to protect flat owners, as the promoter's default cannot be used against the flat purchasers.
Under , a application is generally maintainable without a prior demand notice, provided other requirements are met. This tenant-friendly approach, backed by precedents like 2025 0 Supreme(Bom) 442, 2025 Supreme(Bom) 839, and 2025 0 Supreme(Bom) 261, empowers housing societies against errant promoters.
Key Takeaways:- No absolute bar for missing demand notices.- Substantive compliance > procedural nitpicks.- Promoter obligations under Section 11 are enforceable via .
This reflects evolving jurisprudence favoring buyers. For personalized guidance, consult a specialist lawyer, as outcomes depend on case facts.
References: Judgments cited via document IDs; full texts available via legal databases.
#DeemedConveyance, #MOFA, #HousingSocietyRights
He then, without prejudice to the aforesaid contention submitted that in the present case, a public notice had infact been issued and published in the newspapers. He therefore submitted that the Petitioners were deemed to have notice of the Application for Deemed Conveyance. ... (iv) whether the prayer for Deemed Conveyance is in consonance with the documents/agreements annexed to the said Application#HL_....
The Deemed Conveyance Application filed by the applicant society for granting unilateral deemed conveyance cannot be entertained as conveyance in favour of the said Society has already been executed between the parties therefore the Deemed Conveyance Application No. 32 of 2018 is not maintainable and ... The aforesaid findings are apposite to the facts of the present case, since Respondent No. 1 has dismissed the ....
is not maintainable. ... He would submit that the issues as to whether the conveyance or lease could be granted by examining the agreement with CIDCO, fraudulent registration of agreement, resolution etc, would bar the jurisdiction of the Competent Authority and the application for deemed conveyance has rightly been rejected ... He would submit that pursuant to proper resolution the Society was registered and application for deemed conveyan....
Legal notice dated 22nd October, 2018 came to be issued to the Respondent owners as well as the developer calling upon them to convey the land and building to the Society, which was not complied with. Resultantly, the application was filed under Section 11(3) of MOFA. ... Thereafter without any discussion upon the covenants in the Agreement of Flat Purchasers, the Competent Authority has observed that as the layout is to be completed the conveyance of the land can be done subsequent to the completion of the entire layou....
He submits that under the agreements, the MOFA obligations have been created and the flat purchasers are caught in a vicious circle as without deemed conveyance, they cannot not apply for regularization or go for redevelopment and if it is held that without occupation certificate, the deemed conveyance ... Having issued notice to the opponents, it is implied that the application was complete in all respects and, therefore, the rejection of the #HL_ST....
Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as “MOFA”) by filing an application before the Competent Authority for issuance of a deemed conveyance. 6. ... DC/1006635/2019/3263, whereby the Competent Authority directed execution of a deemed conveyance deed in favour of respondent No.2-Society.
Petitioner filed Interim Application (Lodg.) No. 30445 of 2023 in pending Writ Petition No. 2262 of 2019 to bring to the notice of this Court, the factum of filing of application for deemed conveyance by the Society. ... In the above backdrop, the application filed under Section 11 of MOFA for grant of certificate of unilateral deemed conveyance was contested by Petitioner by filing his written statement opposing grant of deemed #HL....
Therefore, the application that is contemplated by subsection (3) itself is to seek a certificate to have an unilateral deemed conveyance executed in their favour and to have it registered. ... What competent authority is thus required to consider is, the extent of the obligation incurred by the promoter, whether the obligation to execute the conveyance became enforceable and whether the promoter committed default in, or otherwise disabled himself from, executing the conveyan....
as having been made for a conveyance in that form and allow the application. ... But in that case too the question was not raised n-or considered whether the applicant had the status to make the application. In view of the opinion expressed by us at the argument, that the conveyance in this case-should be in the name of the original purchaser at the Fiscal's sale, Mr. ... Perera argued that section 286 does not expressly require that the application for the conveyance#HL....
The Court holds that the application for deemed conveyance was maintainable in law. ... The petitioner next argues that the application for deemed conveyance was not maintainable. ... On 13 August 2018, Respondent No.3 filed Civil Application No.2359 of 2019 seeking permission to proceed with redevelopment pursuant to the deemed conveyance. ... The Competent Authority granted deemed#HL_E....
Section 2(10) of the Indian Stamp Act is also relevant and is quoted as under:- “Conveyance - "Conveyance" includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for [by Schedule I, Schedule I-A or Schedule I-B] [as the case may be]. An instrument whereby a co-owner of a property having defined share therein, transfers such share or part thereof to another co-owner of the property, is for the purposes of this clause an instrument by which property is tran....
3 to 11 i.e. the owners was maintainable in view of the fact that the owners can be said to have caused the development by agreeing to grant a lease to the Respondent No. 1, which is a partnership firm of the owners themselves. That the application filed for deemed conveyance against the Respondent Nos.
It is averred that there is no such averment made by the defendant in the written statement. Whether the suit is not maintainable without challenging the Conveyance Deed executed by DDA in favour of the defendants? An issue was framed whether the Suit was not maintainable without challenging the Conveyance Deed executed by DDA.
It is averred that there is no such averment made by the defendant in the written statement. Whether the suit is not maintainable without challenging the Conveyance Deed executed by DDA in favour of the defendants? An issue was framed whether the Suit was not maintainable without challenging the Conveyance Deed executed by DDA.
An instrument (I) where by a co-owner of a property having defined share therein transfer such share or part thereof to another co-owner of the property or devoids such property among co-owners or (II) where by a partnership transfers is share in the property of the partnership business to another partner or to other partners whether separately or together with transfer of other business, assets on retirement or dissolution, or whereby he contributes to the capital partnership firm by transferring his right and title to or interest in, any property, is for the purpose of this clause, an inst....
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