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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 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.

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...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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Bombay High Court Dismisses Writ Petition Challenging Part Occupation Certificate for Building Height Violation. Flat Purchasers Cannot Seek Revocation of Occupation Certificate as They Have Alternative Remedy Under RERA and No Vested Right to Challenge Planning Permissions.

The petitioners, Sanjay Phulwaria and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Sale of Flat by Registered Deed Does Not Attract Criminal Offence Under Sections 406, 420 IPC. Dispute Regarding Title Over Property Already Subject Matter of Civil Suit, Criminal Proceedings Amount to Abuse of Process.

The petitioners, a husband and wife, purchased a residential flat in Kharghar, Navi Mumbai, from Mrs. Bhavana Karande by a registered sale deed dated ...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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Bombay High Court Dismisses Cooperative Society's Challenge to Transfer of Shares and Membership. Transfer of shares by builder to flat purchasers held valid under Maharashtra Cooperative Societies Act, 1960 and Bye-laws.

The petitioner, R.N.A. Classic CHS Ltd, a cooperative housing society, filed four writ petitions challenging orders passed by the Deputy Registrar and...