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Supreme Court Confirmed Deemed Conveyance

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Order dated 10.4.2026 of the Supreme Court of India dismissing SLP (Civil) No.11644 of 2026 of M/s Mahanagar Realty against Gang Ishanya Cooperative Housing Ltd and others and confirmed the Judgment dated 23.2.2026 of the High Court of Bombay in Writ Petition No.14936 of 2023.

Judgment dated 23.2.2026 of Single Bench of the High Court of Bombay in Writ Petition No.14936 of 2023 of M/s Mahanagar Realty  Vs.  Ganga Ishanya Cooperative Housing Society and others

The matter arose out of the order for deemed conveyance under Section 11 of MOFA challenged by the petitioner – owner.

The construction of AB and C projects were completed.   The building of D wing the complex is under construction.

Respondents Nos.1 and 2 filed section 11 MOFA Act application.

The petitioner – owner opposed the same on the ground that as per the sale agreement, it will execute conveyance of the entire land to the Apex Society.

statutory provisions of MOFA and Government Resolution dated 22nd June, 2018 which provided that where there are several buildings in one layout and constructed buildings have an independent co-operative housing society and in event, the  construction of other buildings in the layout is not completed, the deemed conveyance of the land is to be granted to the constructed building in proportion to their built up area or ground coverage or plinth area and undivided share in the common amenities

 

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