India - High Court of Bombay

Bombay High Court Rules Filing Vakalatnama Not Sufficient To Start Written Statement Limitation Period

Bombay High CourtRules FilingVakalatnamaNot Sufficient To StartWritten StatementLimitation PeriodTheHigh Court of Judicature at Bombayhas clarified a significant procedural point incivil litigation, ruling that the mere filing of avakalatnama—a document authorizing an advocate to represent a ...

17 Jul 2026

India - High Court of Bombay

MOFA Agreement Grants Society Membership: Bombay High Court

MOFA Agreement Grants Society Membership: Bombay High Court In a significant ruling for home buyers, the Bombay High Court has clarified the legal standing of flat purchasers under theMAHARASHTRA OWNERSHIP FLATS ACT(MOFA). Justice Amit Borkar ruled that a registe...

16 Jan 2026

India - High Court of Bombay

Finality of Earlier Rejection Orders Bars Second Deemed Conveyance Application under MOFA: Bombay High Court

Closing the Door on Litigation: Bombay HC Rules Against RepeatedDeemed ConveyanceBidsIn a significant ruling for real estate development and housing society management, theBombay High Courthas reaffirmed the sanctity of finality inquasi-judicial proceedings. Justice Farhan P. Dubash, presidin...

19 Jun 2026

India - High Court of Bombay

Admission of Members for Non-Existent Flats Contravenes Section 154B-5 of MCS Act: Bombay High Court

Legal Limits on Membership: Bombay High Court Protects Societies from Claims on Non-Existent Flats In a significant ruling clarifying the limits of a Cooperative Housing Society’s obligations, the Bombay High Court has held that a society cannot be mandated to ad...

25 Mar 2026

India - High Court of Bombay

Continuing Breach of Agreement Under MOFA Prevents Plaint Rejection Under Order VII Rule 11: Bombay High Court

Continuing Breach: Bombay High Court Rejects Move to Dismiss Long-Standing Property Suit In a significant ruling for civil litigation, the Bombay High Court has clarified that a failure to fulfill contractual obligations under the Maharashtra Ownership of Flats (...

09 Mar 2026

India - High Court of Bombay

Pendency of FSI Disputes Does Not Bar Deemed Conveyance Under MOFA: Bombay High Court

Beyond the FSI Dispute: Bombay HC Upholds Society’s Right to Deemed Conveyance In a significant ruling for housing societies across Maharashtra, the Bombay High Court has clarified that the pendency of civil suits regarding floor space index (FSI) or construction irregularities...

24 Feb 2026

India - High Court of Bombay

Res Judicata Applies to Deemed Conveyance Proceedings Under MOFA: Bombay High Court

Finality of Justice: Bombay High Court Reaffirms Res Judicata in Housing Disputes In a significant ruling for housing societies in Mumbai, the Bombay High Court has clarified the boundaries of quasi-judicial power in property matters. Justice Amit Borkar held tha...

24 Feb 2026

India - High Court of Bombay

Successive Applications for Deemed Conveyance After Dismissal Barred by Res Judicata: Bombay High Court

When Finality Meets Frustration: Bombay HC Clips Wings of Competent Authority in MOFA Disputes In a significant ruling for Maharashtra’s real estate sector, the Bombay High Court has reaffirmed that theCompetent Authorityunder theMaharashtra Ownership Flats Act (...

05 May 2025

India - High Court of Bombay

Competent Authority Cannot Sit in Appeal Over Its Own Rejection Order: Bombay High Court on MOFA Deemed Conveyance

Finality of Decisions: Bombay HC Bars Successive Deemed Conveyance Applications In a significant ruling regarding the limits of administrative power, theBombay High Courthas clarified that aCompetent Authoritydealing with Deemed Conveyance applications under the Maharashtra Ownership Flats Ac...

05 May 2025

India - High Court of Bombay

Co-op Society Can Refuse Membership If Builder Sells Refuge Area As Flat, Violating MCS Act S.154B-5: Bombay HC

Phantom Flats? Bombay HC Shields Co-op Societies from Rogue Developer SalesIn a landmark ruling, the Bombay High Court has empowered co-operative housing societies to reject membership claims for so-called "flats" that are actually unconstructed refuge areas. Justice Firdosh P....

25 Mar 2026