Bombay HC Clarifies Scope of Section 11 of MOFA – Writ Court Cannot Resolve Ownership Claims or Objections of the Owner to the Deemed Conveyance on the ground of title claims

Section 11(3) of MOFA – Deemed Conveyance of the Property to the Housing Society – Objection of the Owners – Examinatio of Title Documents – Article 226 of the Constitution

The Development Agreement provided for formation of a housing society and for conveyance of the entire building in favour of the flat purchasers.

However, the assertion of the owners that the respondent no.6 Developer had no transferable interest in the land require examination of the development and supplementary agreements.   They require evidence on the nature of possession, status of occupants and the sanctioned plans.   Such an examination cannot be done in the proceedings of Article 226 of the Constitution of India.

Therefore, when the petitioners argue that the developer was only a contractor, that he had no transferable interest, or that the fourth floor is illegal, they in substance raise issues which go to the root of title and extent of rights. These issues cannot be conclusively determined in writ proceedings. They must be established by leading evidence before a civil court.

Judgment dated 9.2.2026 of the High Court of Bombay in Writ Petition No.8040 of 2025 of Umesh S. Bapat and another   Vs.  The State of Maharashtra and others