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Bombay High Court Dismisses Petition of Cooperative Housing Society Challenging Deemed Membership of Assignee. Transfer of Leasehold Interest Valid Under Maharashtra Cooperative Societies Act, 1960, Sections 22, 23, 24.

The petitioner, The New India Cooperative Housing Society Ltd., challenged concurrent orders of the Divisional Joint Registrar and Deputy Registrar un...

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Bombay High Court Allows Appeal in Flat Possession Case — Builders Failed to Prove Ownership of Land. Agreement to Sell and Power of Attorney Not Sufficient to Transfer Title Under Transfer of Property Act, 1882.

The appellants, plaintiffs in the trial court, filed a suit for recovery of possession of 12 flats or in the alternative for recovery of possession of...

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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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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Supreme Court Dismisses Developer's Appeals in Consumer Disputes Over Delayed Flat Possession -- NCDRC Orders Upheld for Completion, Compensation, and Costs Under Consumer Protection Act

The Supreme Court addressed three civil appeals arising from NCDRC orders in consumer complaints filed by flat buyers against Parsvnath Developers Ltd...

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Bombay High Court Quashes Pune Municipal Corporation Resolution and Circular on Compounding Fees for Building Irregularities. Resolution Held Ultra Vires MRTP Act and BPMC Act as No Power to Levy Such Charges for Regularization Under Section 53(3).

The case involved three writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court challenging a Resolution date...