Search Results for "unilateral conveyance"

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Search Results for "unilateral conveyance"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

High Court

Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

24 Feb 2026

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Consent of Allottees and Without Compliance with Section 11 of MOFA Held Void. The court held that the Competent Authority under MOFA cannot execute a conveyance deed in favour of a society that does not represent all allottees, and the registration of such society under the MCS Act without the consent of all allottees is invalid.

3 Nov 2025

The petitioner, Maki Homi Chibber, an allottee of a flat in a building constructed under the Maharashtra Ownership Flats (Regulation of the Promotion ...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Proper Authority and Society Registration Based on Defective Deed Set Aside. The court held that the Competent Authority under Section 11 of MOFA must conduct a proper inquiry before executing a conveyance, and a society registered under the MCS Act based on an invalid conveyance cannot be sustained.

3 Nov 2025

The petitioner, Maki Homi Chibber, through her constituted attorney, filed a writ petition challenging a conveyance deed dated 30.04.2019 executed by ...

High Court

Bombay High Court Allows Writ Petitions Challenging Competent Authority's Orders Under MOFA, 1963 — Orders Quashed for Lack of Jurisdiction and Violation of Natural Justice. The Competent Authority under Section 5A of MOFA, 1963 cannot adjudicate title or possession of land, and must follow principles of natural justice.

18 Apr 2024

The judgment involves two writ petitions: Writ Petition No. 180 of 2018 filed by Marathon Era Co-operative Housing Society Ltd and Writ Petition No. 2...

High Court

Bombay High Court Dismisses Auction Purchaser's Challenge to Deemed Conveyance in Favor of Co-operative Housing Society. The Court held that the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 has jurisdiction to grant deemed conveyance despite pending civil suit challenging auction sale, as the society's right to conveyance is independent of the auction purchaser's title.

8 Apr 2024

The petitioner, Ravi Jagganath Agarwal, an auction purchaser of land and building from the Municipal Corporation for Greater Mumbai (MCGM) due to prop...

High Court

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

High Court

Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

31 Aug 2012

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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