Section 11 of MOFA – Deemed Conveyance – Postponement till formation of Apex Body of Societies
Respondent no.5 was the owner of larger parcels of the land of 36,970 sq.meters at Thane. Respondent No.3 had constructed residential buildings on the plots of 35,532.24 sq.mts.
The flat purchasers had formed the petitioner society in 2007.
The authority rejected the application for deemed conveyance primarily for the discrepancy of area in the revenue entries and area claimed by the petitioner.
In light of this legal position, the objection raised by respondent No.3 that conveyance must await formation of an apex body cannot be sustained. Clause 41 itself contemplates conveyance to individual societies. The statute fixes a definite timeline. The petitioner society was registered long back. The obligation to convey had arisen years ago.
Bombay HC – Developer’s Objections to the Deemed Society in favour of the Society are Beyond the Scope of Section 11 MOFA proceedings.
Judgment dated 10.2.2026 of the High Court of Bombay in Writ Petition No.4135 of 2025 of Prestige Residency Orchid Cooperative Housing Society Ltd Vs. The State of Maharashtra & Ors.
