Friday, March 6, 2026
Latest:
2026February 2026High CourtLatestLegalReal Estate

Bombay HC Clarifies – Authority’s findings do not bind Civil Courts in Deemed Conveyance Disputes

legaldeli

 

The proceeding under Section 11 of MOFA is primarily documentary. It rests on agreements under Section 4, registration of the society, plans, architect certificates and area statements. It is not a proceeding that ordinarily requires oral evidence or cross examination. Nothing prevented the petitioners from filing their written objections along with supporting material. No order of the Authority barred them from placing documents on record.

The society was registered in 2001. For about nineteen years no conveyance occurred. The statutory obligation on the promoter is clear; inaction over such a long period undermines any claim of innocence or inadvertence.

a deemed conveyance order transfers only such right, title and interest as the promoter in fact possesses. It does not create a higher or independent title. It does not enlarge the rights of the society beyond what the promoter himself lawfully holds.

The petitioner no.3 had acquired development rights of the land, it was mortgaged with the petitioner no.2 and by the deed dated 27.4.2015, the petitioner no.2 had assigned its business rights in favour of the petitioner no.1.

The petitioner no.1 developed the property and executed agreements under Section 4 of MOFA in favour of purchasers – members of the respondent no.1 society registered in 2001.

Judgment dated 9.2.2026 of the High Court of Bombay in Writ Petition No.10985 of 2022 of Vijay Suraksha Realty LLP & Ors  Vs.  Chairman / Secretary Bldg Nos.6 and 7 Vijay Park CHS Limited and Others

You May Also Like

Disqualification – Managing Committee Member having more than two children

legaldeli

Delhi High Court important ruling on donation of liver by minor daughter of age) to ailing father – Transplantation of Human Organ Act, 1994 – Rule 5(3)(g) of the Transplantation of Human Organs and Tissues Rules, 2014

legaldeli

Insolvency – IBBI -Salutary decision to frame guidelines and panel in advance for appointment of Interim Professionals to avoid administrative delay

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree