Search Results for "MOFA obligations"

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Search Results for "MOFA obligations"

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High Court

Bombay High Court Hears Writ Petitions Challenging Corrigenda to Deemed Conveyance Certificates Under Maharashtra Ownership of Flats Act, 1963. Competent Authority Issued Certificates for Constructed Area and Later Extended to Land Without Notice, Prompting Promoters to Seek Quashing.

11 Dec 2020

Background: The dispute involved ten cooperative housing societies formed under the Maharashtra Co-operative Societies Act, 1960, in a development cal...

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 Dismisses Developer's Petition Challenging Deemed Conveyance Order in Favor of Cooperative Housing Society. Developer's Obligation to Transfer Land to Society Under Section 11 of Maharashtra Ownership Flats Act, 1963 is Absolute and Not Subject to Limitation.

5 Apr 2023

The petitioners, K.V. Satyamurthy and S.M. Builders, were the owners and developers of a piece of land in Juhu, Mumbai. They constructed and sold 36 b...

High Court

Bombay High Court Dismisses Revision Petition Challenging Valuation Order in Suit for Declaration of Ownership and Possession. Suit for declaration of exclusive ownership and possession of flat must be valued on market value under Section 6(iv)(d) of Bombay Court Fees Act, not under Section 6(4)(j) for specific performance.

9 Jan 2018

The petitioner, Kiran Suresh Bhagiya, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an order ...

High Court

Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor of Cooperative Housing Society — Additional FSI Rights Not a Bar to Conveyance Under MOFA. The Court held that the Competent Authority has jurisdiction to entertain a second application for deemed conveyance after rejection of the first, and the developer's claim over additional FSI does not prevent conveyance of land to the society.

17 Jul 2026

The Petitioner, Ariisto Realtors Private Limited, a developer, challenged an order dated 14 July 2025 passed by the District Deputy Registrar, Co-oper...

High Court

NOTICE OF MOTION NO. 443 OF 2012

27 Jun 2013

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

22 Jul 2011

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

High Court

Bombay High Court Dismisses Promoters' Challenge to Deemed Conveyance Under MOFA — Upholds Competent Authority's Order Including Recreational Ground Area. The Court held that the Competent Authority's order under Section 11 of the Maharashtra Ownership Flats Act, 1963 was valid and the petitioners' objections regarding excess land and right of way were not sustainable.

24 Feb 2025

The petitioners, Nahalchand Laloochand Pvt. Ltd., Rajesh Himatlal, and Wonder Estate Developers Pvt. Ltd., filed a writ petition under Article 226 of ...

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 heard challenge to deemed conveyance order under MOFA; developer alleged res judicata due to consent decree. Developer contended that Competent Authority lacked jurisdiction under Section 11(3) when consent decree already provided for conveyance.

28 Jul 2026

The writ petition was filed by developers challenging an order of deemed conveyance passed by the Competent Authority under Section 11(3) of the Mahar...

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