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Society Wins Conveyance, Owners Must Go to Civil Court : Bombay HC Mandate

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Section 11 of MOFA -Deemed Conveyance to the housing Societies – Owners

The petitioners – owners of lands on which flats of  three cooperative housing societies were constructed  – had objected to the proposal of societies for deemed conveyance before the competent authority.  However, the competent authority overruled the objections and granted conveyance to the respondent societies.

Relying on the clauses of the agreements with the flat purchasers, it was contended that access way surrounding the boundary of the properties, use well water and bore well are reserved in favour of the owners.

HELD that the only remedy for the owners is to approach the  Civil Court even for the entitlements carved out in the agreements.

Judgment dated 13.10.2025 of the High Court of Bombay in in Writ Petition (L) Nos.3016 and 30125 of 2024 of Ramrkipal amjas Upadhyay  Vs. District Deputy Registrar and others

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