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

India - Digest

Bombay Monthly Digest – January 2026

Supreme(Bom) 2026 0 17Bombay (589)L&T Finance Ltd. (Formerly Known As L&T Housing Finance Ltd.) vs Sangeeta Bhansali (Borrower)Subject:Arbitration – ArbitrabilityKeywords:unilateral appointment, void ab initio, equal treatment, arbitration agreement, jurisdiction, consent, ex...

24 Feb 2026

India -

Bombay High Court: Private Roads Count as 'Streets'

Bombay High Court: Private Roads Count as 'Streets'In a pivotal judgment that reinforces municipal accountability amid Mumbai's urban sprawl, the Bombay High Court has declared that the Brihanmumbai Municipal Corporation (BMC) cannot evade its duty to clear encroachments by labeling a road as...

21 Feb 2026

India - High Court of Bombay

Bombay HC Holds Section 33A Impounding Power Exclusive to Registering Officer

Bombay High CourtRestrictsImpounding Powersunder Maharashtra Stamp Act to Registering OfficersIntroductionIn a significant ruling that underscores the strict jurisdictional limits on revenue authorities, theBombay High Courthas declared that the power to impound documents underSection 33A of ...

03 Feb 2026

India - High Court of Bombay

Pending Civil Suit No Bar to Deemed Co-op Membership: Bombay HC

Pending Civil Suit No Bar to Deemed Co-op Membership: Bombay HC In a significant ruling for flat purchasers in Maharashtra, the Bombay High Court has held that the mere pendency of a civil suit regarding the enforcement of an agreement for sale does not preclude the Registrar of Co-operative ...

22 Jan 2026