Search Results for "MOFA obligations"

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Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

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Bombay High Court Dismisses Appeal in MOFA Agreement Dispute Due to Delay and Conduct — Termination of Agreement Upheld as Plaintiffs Failed to Seek Timely Interim Relief.

The appellants, Purnimakumari Dharmendra Jain and Dharmendra Khetalal Jain, filed a suit in the Bombay High Court seeking a declaration that an agreem...

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Bombay High Court Dismisses Petition Challenging De-registration of Housing Federation in Ongoing Real Estate Project — RERA Rule 9(1)(ii) Overrides MCS Act for Formation of Apex Body Before Project Completion.

The petitioner, Lodha Belmondo Housing Federation Ltd., a federation registered under the Maharashtra Co-operative Societies Act, 1960, challenged the...

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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Deemed Conveyance Application Under MOFA — Holds That Competent Authority Cannot Reject Application on Grounds of Missing Documents After Issuing Notice, and That Lack of Occupation Certificate Is Not a Bar to Grant of Deemed Conveyance.

The petitioner, ALJ Residency Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

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High Court Allows Writ Petition Quashing Rejection of Deemed Conveyance Application Under Maharashtra Ownership Flats Act, 1963 -- Directs Competent Authority to Grant Deemed Conveyance to Kartik Regency Co-operative Housing Society

The High Court allowed a writ petition challenging the rejection of a deemed conveyance application under Section 11 of the Maharashtra Ownership Flat...