Bombay HC empowers societies to reclaim land rights from defaulting builders
By Dr. Danish Lambe
Editor-in-Chief, YIIPPEE® News Network
Contact: +91 8097381503
Published on: 20 May 2025
In a series of groundbreaking rulings, the Bombay High Court has reaffirmed the rights of housing societies to obtain deemed conveyance, irrespective of builder non-compliance, unauthorized constructions, or pending redevelopment. These judgments have far-reaching implications, ensuring that societies can secure full ownership of their land and buildings without being held hostage by promoters’ delays or legal technicalities.
1. OC & Unauthorized Structures Cannot Block Conveyance
Case: ALJ Residency Co-operative Housing Society Ltd. v. District Deputy Registrar (2024)
The High Court ruled that the absence of an Occupation Certificate (OC) or the existence of unauthorized structures does not prevent a society from obtaining deemed conveyance. The court clarified that the Competent Authority’s role is strictly to transfer the promoter’s rights, title, and interest in the land and building to the society—not to assess the legality of the structures.
🔗 Read Judgment on CaseMine
📰 Times of India Coverage
2. Each Society in a Multi-Building Layout Has Separate Rights
Case: Marathon Era Cooperative Housing Society v. Competent Authority (2024)
The court held that each cooperative housing society is entitled to deemed conveyance for its respective building and proportionate land share, as per the approved layout plan. It also reaffirmed that MOFA continues to apply, and was not repealed by the Maharashtra Housing (Regulation and Development) Act, 2012.
🔗 Read Judgment on Latest Laws
📰 Free Press Journal Article
3. Redevelopment Delays Cannot Deny Conveyance Rights
Case: Veer Tower Co-operative Housing Society v. District Deputy Registrar (2025)
The court ruled that a society’s right to conveyance under Section 11 of MOFA cannot be denied merely because redevelopment is pending or a federation of societies is being considered.
🔗 Read Judgment on Indian Kanoon
📰 Free Press Journal Coverage
4. Competent Authority’s Limited Jurisdiction – Land Disputes Must Go to Civil Court
Case: M/s. Swastik Promoters v. The Competent Authority (2025)
The Bombay HC reiterated that the Competent Authority’s function is limited to enforcing the promoter’s obligation to convey land and building as per the registered agreement and approved plan. Disputes over extra land must go before a civil court.
What This Means for Housing Societies
✅ Full Land Conveyance is a Right, Not a Favor
Societies no longer need to beg builders—deemed conveyance is a statutory right under MOFA.
✅ Builder’s Non-Compliance is Irrelevant
Lack of OC, unauthorized constructions, or pending approvals cannot stop conveyance.
✅ Competent Authority’s Role is Clear
It must transfer title, not act as a municipal body checking building legality.
✅ Legal Recourse for Disputes
If builders claim extra land, societies must approach civil courts, not stall conveyance.
The Way Forward
These judgments mark a turning point in Maharashtra’s real estate landscape, empowering housing societies to break free from builder dominance. Societies should now:
- File for deemed conveyance immediately without waiting for OC or redevelopment.
- Challenge any refusal by authorities citing technicalities.
- Seek legal enforcement if builders delay or dispute land ownership.
For societies struggling with conveyance, these rulings provide unambiguous legal backing—ensuring that justice is not just promised, but delivered.
Need help with deemed conveyance?
Contact: Dr. Danish Lambe
Editor-in-Chief, YIIPPEE® News Network
Mobile: +91 8097381503 | Email: admin@yiippee.com
Visit: https://yiippee.com
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