Section 11 of MOFA Act, 1963 – Deemed Conveyance as per terms of Agreement
By the order dated 11.4.2018, the District Deputy Registrar & Competent Authority rejected the application of the petitioner for deemed conveyance on the ground that although the respondents have no objection, there is dispute about the area. The Respondents are ready to execute conveyance for the area of 953.61 sq.mts. However, the terms of the Agreements are ambiguous.
HELD that clause 20(d) of the Agreement specifically provided that the conveyance of the land of 1672 sq.mts described in First Schedule is to be executed. The society was registered on 10.2.1989 and for the last 35 years, the promoters have not executed conveyance.
The application for deemed conveyance was filed after 23 years of registration of the society. The right to file application cannot be defeated on the ground of delay when the said right is to be exercised in view of failure of the promoter to perform his statutory duty. This is a case where the promoters have failed to perform their statutory duty for more than 35 years
Judgment dated 5.9.2024 of the High Court of Bombay (AS) in Writ Petition No.5578 of 2023 of Vicky Apartment Cooperative Housing Society Limited Vs. M/s. Motiram Tolaram & Others
