Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
Section 11 of MOFA -Deemed Conveyance – Housing Society
The occupancy certificate for the building of the petitioner society in Navi Mumbai Municipal Corporation was granted on 21.3.2009. The respondent nos.3 and 4 had exhausted the entire FSI of the land. However, the respondent nos.3 and 4 had sold the majority of the flats even prior to the OC.
On 13.3.2025, one of the members filed FIR for offence under section 13 of the MOFA against the respondent nos.3 and 4. They were granted bail.
Out of 28 flats,16 flat owners formed the petitioner society. They had filed application for deemed conveyance. However, this was rejected.
Section 11 of MOFA is meant to give flat purchasers a workable remedy. Once a promoter has sold flats and the purchasers have come together to form a society, the promoter cannot indefinitely hold on to the title of the land and building. The statute therefore creates a mechanism where, if the promoter fails or refuses to execute conveyance, the society can approach the Competent Authority and seek what is called deemed conveyance.
In proceedings under Section 11 of MOFA, the Competent Authority is required to be satisfied about the identity of the land and the extent of area for which conveyance is sought. That requirement stands fulfilled here. The Agreements identify the land. The Commencement and Occupation Certificates corroborate that identification. The Architect’s Certificate confirms the built area. The documents speak in one voice. In the face of these facts and the documents, a statutory remedy under Section 11 is triggered.
Bombay HC Reaffirmed that Deemed Conveyance is a Statutory Right of flat purchasers when promoters fail to execute conveyance.
Bombay HC – Errors or Delays by Promoters to execute Conveyance cannot frustrate housing society’s entitlement to the clear title and deemed conveyance.
Bombay HC – Judicial Clarity – Deemed Conveyance Must Be Granted Despite Promoter’s Non-Cooperation
Bombay HC Strengthens Deemed Conveyance Enforcement – Transparency in Housing Rights of Housing Society
Judgment dated 6.2.2026 of the High Court of Bombay in Writ Petition No.12078 of 2025 of Kartik Regency Coop. Housing Society Ltd Vs. The State of Maharashtra and others
