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Search Results for "deemed conveyance"

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High Court

Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

9 Jun 2026

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

High Court

High Court Dismisses Writ Petitions by Petitioners Challenging Competent Authority's Orders Under Maharashtra Cooperative Societies Act, 1960 -- Petitioners Fail to Establish Jurisdictional Error or Violation of Natural Justice

24 Feb 2026

The judgment involves four connected writ petitions filed before the High Court of Judicature at Bombay challenging orders passed by the Competent Aut...

Supreme Court

Supreme Court Dismisses Appeal Against Impounding of Agreement to Sell for Stamp Duty Under Bombay Stamp Act. Agreement to Sell Deemed Conveyance Under Explanation I to Article 25 of Schedule I of Bombay Stamp Act, 1958 Even When Possession Agreed to Be Transferred After Sale Deed Execution.

3 Mar 2025

The appellant, Ramesh Mishrimal Jain, filed a suit for specific performance of an agreement to sell dated 03.09.2003 in respect of a property in Khed,...

High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

High Court

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.

25 Nov 2024

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

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 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.

5 Jun 2023

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

High Court

Bombay High Court Quashes Deemed Conveyance Order in Favor of Cooperative Society Due to Non-Compliance with Statutory Requirements. The District Deputy Registrar failed to follow mandatory procedure under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 before granting deemed conveyance.

24 Mar 2015

The Petitioners, Tushar Jivram Chauhan and Jivram Lalji Chauhan, are the owners of a plot of land in Mulund West, Mumbai, on which two buildings (Shri...

High Court

Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

17 Oct 2013

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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