Case Note & Summary
The petitioner, Maki Homi Chibber, an allottee of a flat in a building constructed under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA), challenged the conveyance deed executed by the Competent Authority (District Deputy Registrar, Cooperative Societies, Thane) in favour of Respondent No.3, Model Colony Cooperative Housing Society Limited, and the subsequent registration of the Society under the Maharashtra Cooperative Societies Act, 1966 (MCS Act). The petitioner was not a member of the Society and had not consented to the conveyance. The petitioner sought a declaration that the conveyance deed and the society registration were void and illegal. The court examined the provisions of Section 11 of MOFA, which requires the promoter to convey the title to the allottees or a society formed by them, and Section 22 of the MCS Act, which requires consent of allottees for society registration. The court held that the Competent Authority acted without jurisdiction in executing the conveyance deed without ensuring that the society represented all allottees, including the petitioner. The court also held that the registration of the society without the petitioner's consent was invalid. The court allowed the petition, quashed the conveyance deed and the society registration, and directed the Competent Authority to re-convey the property to the promoter or take appropriate steps in accordance with law.
Headnote
A) MOFA - Conveyance Deed - Validity - Section 11 of MOFA - Conveyance deed executed by Competent Authority under MOFA in favour of a cooperative housing society without the consent of all allottees, including the petitioner, is void and illegal. The Competent Authority failed to ensure that the society represented all allottees before executing the conveyance. (Paras 1-44)
B) MCS Act - Registration of Society - Validity - Section 22 of MCS Act - Registration of a cooperative housing society without the consent of allottees who are not members is invalid. The society cannot claim to represent allottees who are not its members. (Paras 1-44)
C) Writ Jurisdiction - Maintainability - Against Private Respondents - Writ petition under Article 226 is maintainable against private respondents when the impugned actions are in violation of statutory provisions and involve public law elements. (Paras 1-44)
Issue of Consideration
Whether the conveyance deed executed by the Competent Authority under MOFA in favour of Respondent No.3 Society and the subsequent registration of the Society under the MCS Act are valid when the petitioner, an allottee, was not a member of the Society and did not consent to the conveyance.
Final Decision
The court allowed the petition, quashed the conveyance deed executed by the Competent Authority in favour of Respondent No.3 Society, and set aside the registration of the Society under the MCS Act. The court directed the Competent Authority to re-convey the property to the promoter or take appropriate steps in accordance with law.
Law Points
- Conveyance deed executed without consent of allottees is void
- Registration of society without consent of allottees is invalid
- Section 11 of MOFA requires consent of allottees for conveyance
- Section 22 of MCS Act requires consent of allottees for society registration
- Writ petition maintainable against private respondents in certain circumstances
Case Details
Writ Petition No. 4408 of 2025
Mr. Sandesh Patil, with Anish Karande, Tatsat Gor, Shyam Singh, Chintan Shah and Satchit Gor, i/b Kapil N. Gor, for the Petitioners. Mr. A.I. Patel, Addl G.P., with Kavita N. Solunke, Addl GP, for Respondent Nos. 1 and 2-State. Mr. Vineet Naik, Senior Advocate, i/b S. Anchan, for Respondent No.3. Mr. S.C. Mangle, i/b Yogesh Keny, for Respondent Nos. 4 and 5.
Maki Homi Chibber Nee Maki Modi
State of Maharashtra, District Deputy Registrar, Cooperative Societies, Thane, Model Colony Cooperative Housing Society Limited, Mangibai Govind Varatha, Raghunath Govind Varatha, Mina Randhya Dunde, Pandurang Randhya Dunde, Bhangubai Randhya Dunde, Chima Randhya Dunde, Gulab Vishawas Thakur, Bhaskar Soma Konde, Janu Soma Konde, Raju Soma Konde, Anandibai Raghunath Vartha, Ashok Raghunath Vartha, Santosh Raghunath Vartha, Kamal Raju Kode, M/s Shreeram Construction Company, Ramaadhar Munai Mourya
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the validity of a conveyance deed executed under MOFA and the registration of a cooperative housing society under the MCS Act.
Remedy Sought
The petitioner sought a declaration that the conveyance deed dated [Not mentioned] executed by the Competent Authority in favour of Respondent No.3 Society and the registration of the Society under the MCS Act are void and illegal, and for consequential reliefs.
Filing Reason
The petitioner, an allottee of a flat, was not made a member of the Society and did not consent to the conveyance deed executed by the Competent Authority in favour of the Society, which purportedly represented all allottees.
Issues
Whether the conveyance deed executed by the Competent Authority under MOFA in favour of Respondent No.3 Society is valid when the petitioner, an allottee, was not a member of the Society and did not consent to the conveyance.
Whether the registration of Respondent No.3 Society under the MCS Act is valid when the petitioner, an allottee, was not a member and did not consent to the registration.
Submissions/Arguments
The petitioner argued that the Competent Authority under MOFA cannot execute a conveyance deed in favour of a society that does not represent all allottees, and that the society registration without the consent of all allottees is invalid.
The respondents argued that the conveyance deed was validly executed and the society was properly registered, and that the petitioner's remedy lies in civil court, not by way of writ petition.
Ratio Decidendi
The Competent Authority under MOFA must ensure that the society in whose favour conveyance is executed represents all allottees. A conveyance deed executed without the consent of all allottees is void. Similarly, registration of a cooperative housing society under the MCS Act without the consent of all allottees is invalid.
Judgment Excerpts
The Competent Authority under MOFA cannot execute a conveyance deed in favour of a society that does not represent all allottees.
The registration of a society under the MCS Act without the consent of all allottees is invalid.
Procedural History
The petitioner filed Writ Petition No. 4408 of 2025 before the High Court of Judicature at Bombay. The petition was reserved on 4th August 2025 and pronounced on 3rd November 2025.
Acts & Sections
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963: Section 11
- Maharashtra Cooperative Societies Act, 1966: Section 22
