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Search Results for "deemed conveyance"

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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

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.

18 Jun 2026

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

High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

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 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 Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

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 Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Bombay High Court Dismisses Petition Challenging GST Detention Order — Petitioner Failed to Produce E-Way Bill or Invoice at Time of Inspection, Detention Upheld Under Section 129 of MGST Act, 2017.

30 Nov -0001

The petitioner, Velentine Properties Private Limited, filed a writ petition challenging the detention of its goods and vehicle by the State of Maharas...

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