AI Overview...
- Share Certificate Issuance as per Index 2 in Maharashtra V
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The issuance of share or registration certificates in Maharashtra is considered conclusive proof of registration and ownership rights. Certificates issued after proper registration and compliance with statutory procedures are legally recognized and essential for establishing ownership or rights over property or shares PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION, U. P. LTD VS OFFICIAL LIQUIDATOR - Allahabad.
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Legality of Conveyance and Certificates
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Deemed conveyance certificates issued under Maharashtra laws, such as the Maharashtra Ownership Flats Act, 1963, are valid when issued following proper procedures, including obtaining necessary occupancy and completion certificates from competent authorities. These certificates facilitate transfer and conveyance of property rights, provided jurisdictional requirements are met S&M Enterprises vs Palazzo Building No. 1 CHSL - Bombay, Flagship Infrastructure Ltd. Vs Flagship Infrastructure Ltd. - Bombay, Zircon Venture Co-operative Housing Society Ltd. VS Zircon Ventures - Bombay.
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Role of Competent Authorities and Certification
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The issuance of certificates (e.g., occupancy, deemed conveyance) must adhere to rules of natural justice, including giving parties an opportunity to be heard. Certificates issued without jurisdiction or in violation of rules are liable to be quashed. Proper certification by authorized officials ensures the legality and enforceability of property rights and conveyances RAM CHANDRA VS COLLECTOR, NAGPUR - Bombay, Vasundhara Dhananjay Dongre (since deceased through LRs) VS State of Maharashtra - Bombay.
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Construction and Development Certificates
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Construction-related certificates, such as commencement and occupancy certificates, are crucial for validating the legality of construction activities. These certificates are necessary for subsequent conveyance or transfer processes, and their absence or invalidity can impact legal rights Sk. Hamid Sk. Hanif VS Divisional Caste Scrutiny Committee, Amravati Division - Bombay, Ashok Baburao Ingavale & others VS Pralhad Hari Bhate & others - Bombay.
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Specific Provisions under Maharashtra Acts
- Acts like the Maharashtra Ownership Flats Act, 1963, and the Maharashtra Regional and Town Planning Act, 1966, provide for procedures and certificates (e.g., deemed conveyance, layout sanctions) that facilitate property transfer. Certificates issued under these acts, when properly obtained, are integral to the conveyance process and should be issued as per statutory provisions, including Index 2 Flagship Infrastructure Ltd. Vs Flagship Infrastructure Ltd. - Bombay, Zircon Venture Co-operative Housing Society Ltd. VS Zircon Ventures - Bombay.
Analysis and Conclusion: Certificates such as share certificates, conveyance certificates, and occupancy certificates issued under Maharashtra law must be obtained following due process and in accordance with statutory provisions, including those outlined in Index 2. Proper issuance by authorized authorities, with adherence to procedural requirements and opportunity for parties to be heard, ensures their validity and legal recognition. These certificates serve as conclusive proof of registration and ownership, facilitating smooth transfer and conveyance of property rights in Maharashtra.
Search Results for "Share Certificate should be Issued as Per Index 2 in Maharashtra V"
2008 0 Supreme(All) 2170 • India - Allahabad
SUNIL AMBWANI
for workmen, and Rs. 72,79,240 for secured creditors—Held, issue of registration certificate, is a conclusive proof of registration ... issued—And, thereafter, it had filed Form 8 and also Form-13, alongwith prescribed fee of Rs. 70—Charge and additional charge, as ... of charge—P.I.C.C.U.P. has established that it had secured bridge loan of Rs. 45 lacs as first charge—For which certificate was ... In State Industrial and Investment Corporation of Maharashtra Limited (supra) it was held by the Bombay Hi....
2025 0 Supreme(Bom) 1130 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
(A) Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management And Transfer) Act, 1963 - Section ... ... ... Issues: The main issue examined was the legality of granting deemed conveyance while further construction by the promoter ... is concerned for which commencement certificate has been issued by the Competent Authority in favour of the Developer. ... Rather there is no substance in this argument of the Society since the Commencement Certificate da....
2017 0 Supreme(Bom) 247 • India - Bombay
B.P.DHARMADHIKARI, SWAPNA JOSHI
of caste certificate. ... 6 and 8-Scheme for verification of caste certificate. ... Maharashtra Scheduled Castes Scheduled Tribe Denotified Tribes (Vimukta Jatis) Nomadic Tribes Other Backward Classes and Special ... The Committee was directed to extend opportunity of hearing to present petitioner, as also complainant/respondent no. 2 and to decide the controversy as per Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Cl....
1969 0 Supreme(Bom) 59 • India - Bombay
R.R.BHOLE, N.L.ABHYANKAR
The opposite side must be given an opportunity to be heard before the certificate is issued. ... The certificate issued in this case was without jurisdiction and vitiated on account of the failure to observe the rules of natural ... Final Decision: The petition was allowed, the certificate issued by the respondent No.4 was quashed and the sale held on 20 ... We must therefore hold that the certificate issued in this case on 2-#HL_S....
2024 Supreme(Online)(Bom) 2327 • India - High Court of Bombay
SANDEEP V. MARNE, J
(A) Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - Section ... ... ... Issues: The main issues included whether the Competent Authority acted beyond its jurisdiction and whether the petitioner ... 11 - Writ Petition challenging unilateral deemed conveyance of land and building - Petitioner claims share in property, alleging ... The occupancy certificate in respect of the building was issued on 25 September 1998 ....
2004 0 Supreme(Bom) 933 • India - Bombay
A.M.KHANWILKAR
Besides, even the Mutation Entry No. 426 effected on 6h August, 1972 clearly states that 55 per cent. share in the suit land has ... cent. share. ... cent. share in the suit land. ... The tenant paid the purchase price, consequent to which certificate under section 32-M of the Bombay Tenancy and Agricultural Lands Act was issued in his favour on 28-11-1971. ... Against this decision, the original owner, respondent No. 1 herein, preferred revision application before the Mahara....
2025 0 Supreme(Bom) 750 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar, J
(A) Maharashtra Regional and Town Planning Act, 1966 - Section 20(4) - Maharashtra Ownership Flats (Regulation of the Promotion ... cooperative housing society formed by flat purchasers within the statutory period, leading to the issuance of a deemed conveyance certificate ... (Paras 29, 51) ... ... Issues: Whether the MRTP notification can delay the conveyance obligation ... DC 16/2018-19, a certificate of deemed conveyance has also been issued in favor of respondent No.2 – the Hous....
2024 0 Supreme(Bom) 338 • India - Bombay
SANDEEP V. MARNE
Issues: The issues involved delay, laches, the nature of the claim, and the scope of the Competent Authority's ... The occupancy certificate in respect of the building was issued on 25 September 1998 and building completion certificate was issued on 31 August 1999. She however failed to take any steps in respect of the construction carried out on the land, in which she allegedly claims rights. ... Patwardhan, the learned Counsel appearing for the Petitioners would submit that the #HL_....
2015 0 Supreme(Bom) 2510 • India - Bombay
MOHIT S.SHAH, G.S.KULKARNI
Issues: 1. ... bold :- “4. ...... the prescribed percentage of the surplus built-up area as provided in the Table in the Third Schedule of the Maharashtra ... bold :- “4. ...... the prescribed percentage of the surplus built-up area as provided in the Table in the Third Schedule of the Maharashtra ... The said circular issued by the Housing and Special Assistance Department of Government of Maharashtra was not placed in public domain, but was merely issued to the Board by way of admin....
2014 0 Supreme(Bom) 1069 • India - Bombay
R.M.SAVANT
Maharashtra Ownership of Flats (Regulation of the Promotion of Construction Sale, Management and Transfer) Act, 1963 - Section 7- ... issued by the Architect of the respondent No. 1 and therefore the promoter/developer would be entitled to put up Building No. 10 ... not required to obtain prior consent of flat purchasers for construction. - As the sanction of the layouts is evidenced by the certificate ... As the sanction of the layouts is evidenced by the certificate issued by the Architect of the Resp....
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