Search Results for "MOFA Act"

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Search Results for "MOFA Act"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

24 Feb 2026

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

High Court

Bombay High Court Dismisses Petition Challenging Competent Authority's Order Under MOFA — Upholds Validity of Conveyance Deed Executed by Society. Court holds that the Competent Authority under Section 5-A of the Maharashtra Ownership Flats Act, 1963 has jurisdiction to direct execution of conveyance even after lapse of time, and that the petitioner's challenge based on alleged lack of authority was without merit.

9 Dec 2025

The petitioner, Lokmanya Pan Bazar Association Ltd., a guarantee company registered under the Companies Act, 1956, filed a civil writ petition under A...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Consent of Allottees and Without Compliance with Section 11 of MOFA Held Void. The court held that the Competent Authority under MOFA cannot execute a conveyance deed in favour of a society that does not represent all allottees, and the registration of such society under the MCS Act without the consent of all allottees is invalid.

3 Nov 2025

The petitioner, Maki Homi Chibber, an allottee of a flat in a building constructed under the Maharashtra Ownership Flats (Regulation of the Promotion ...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Proper Authority and Society Registration Based on Defective Deed Set Aside. The court held that the Competent Authority under Section 11 of MOFA must conduct a proper inquiry before executing a conveyance, and a society registered under the MCS Act based on an invalid conveyance cannot be sustained.

3 Nov 2025

The petitioner, Maki Homi Chibber, through her constituted attorney, filed a writ petition challenging a conveyance deed dated 30.04.2019 executed by ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

21 Nov 2024

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

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 Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

30 Nov -0001

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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