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Bombay High Court Quashes Deemed Conveyance Order in MOFA Dispute — Petitioner's Rights as Agreement Holder Ignored. Unilateral Conveyance Granted Without Notice to Petitioner Violates Principles of Natural Justice Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, Gayatri Construction, a partnership firm, challenged an order dated 15 November 2022 and corrigendum dated 20 December 2022 passed by ...

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Bombay High Court Sets Aside Deemed Conveyance Order Under MOFA as Bifurcation Under MCS Act Already Vests Land. Section 17(2) of MCS Act Operates as Automatic Conveyance, Precluding Jurisdiction Under Section 11(3) of MOFA.

The dispute arose from a bifurcation of a co-operative housing society and a subsequent claim for deemed conveyance. The original society, Happy Homes...

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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.

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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Bombay High Court Allows Petition Challenging Conditions in Deemed Conveyance Certificate for Cooperative Housing Society. Conditions requiring payment of additional premium and submission of no-objection certificate from developer held ultra vires the Maharashtra Ownership of Flats Act, 1963.

The petitioner, Royal Accord Avenue Co-operative Housing Society Ltd., challenged two specific conditions in an order/certificate granting Deemed Conv...

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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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High Court of Judicature at Bombay Discharges Rule in Developer's Writ Petition as Infructuous After Subsequent Registration of Cooperative Society. Companion Petition by Flat Purchasers Challenging Declaration under Apartment Ownership Act Left Unresolved in Incomplete Text.

This judgment pertains to two companion writ petitions before the High Court of Judicature at Bombay. Writ Petition No. 571 of 1995 was filed by the o...