Case Note & Summary
The judgment concerns two writ petitions filed by Shree Rasraj Heights Co-operative Housing Society Ltd. (Petitioner in WP-6008/2026) and M/s. Brij Builders (Petitioner in WP-6024/2026) challenging an order dated 12 January 2026 passed by the District Deputy Registrar, Co-operative Societies, Mumbai City-4 (Competent Authority). The Competent Authority allowed a Miscellaneous Application filed by Respondent No.1-Society (Devendra Co-operative Housing Society Ltd.) and modified the description of property conveyed vide Certificate of Unilateral Deemed Conveyance dated 4 May 2017. The modification indicated the area of proportionate share in the Recreational Ground (RG) and specified the exact land in the Survey Numbers conveyed in favour of Respondent No.1-Society. The petitioners argued that the Competent Authority had become functus officio after passing the order dated 4 May 2017 and could not modify the certificate. The court examined the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) and the powers of the Competent Authority. The court held that the Competent Authority does not become functus officio after issuing a deemed conveyance certificate and retains jurisdiction to correct errors or omissions to give effect to the true intent of the conveyance. The court found that the modification was necessary to specify the proportionate share in the recreational ground and the exact survey numbers, which were part of the land conveyed. The court dismissed both writ petitions, upholding the order of the Competent Authority. The decision emphasizes that the power to convey includes the power to correct or modify the certificate to reflect the legal entitlement of the society.
Headnote
A) Cooperative Housing Society - Deemed Conveyance - Modification of Certificate - Functus Officio - The Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 does not become functus officio after issuing a Certificate of Unilateral Deemed Conveyance and retains jurisdiction to modify the certificate to correct errors or omissions, such as specifying the exact land area and proportionate share in recreational ground. Held that the power to convey includes the power to correct or modify the conveyance to reflect the true intent and legal entitlement. (Paras 1-10) B) Cooperative Housing Society - Recreational Ground - Proportionate Share - The Competent Authority can modify the description of property conveyed to include the proportionate share in the Recreational Ground (RG) area, as such area is part of the land conveyed under the deemed conveyance. Held that the modification was necessary to give effect to the rights of the society. (Paras 1-10) C) Cooperative Housing Society - Survey Numbers - Specification of Land - The Competent Authority can specify the exact survey numbers of the land conveyed in the certificate of deemed conveyance, even if not originally mentioned, to avoid ambiguity. Held that such specification is a permissible correction. (Paras 1-10)
Issue of Consideration
Whether the Competent Authority under the Maharashtra Ownership Flats Act, 1963 becomes functus officio after issuing a Certificate of Unilateral Deemed Conveyance and can subsequently modify the certificate to correct errors or omissions.
Final Decision
Both writ petitions are dismissed. The order dated 12 January 2026 passed by the Competent Authority is upheld.
Law Points
- Functus officio doctrine
- Deemed conveyance
- Modification of certificate
- Recreational ground
- Proportionate share
- Competent Authority powers
- Maharashtra Ownership Flats (Regulation of the Promotion of Construction
- Sale
- Management and Transfer) Act
- 1963
- Section 11
