In an important decision dated 6 February 2026, the Bombay High Court gave relief to Kartik Regency Co-operative Housing Society in Belapur, Navi Mumbai by allowing its claim for Deemed Conveyance under the Maharashtra Ownership Flats Act (MOFA), 1963.
The Society had applied to the District Deputy Registrar for Deemed Conveyance of the land on which its building stands. The building was constructed after receiving a Commencement Certificate in 2007 and an Occupation Certificate in 2009. The builder had already sold most of the flats in the building. As per law and the agreements signed with flat buyers, the builder was required to form a co-operative housing society and transfer the land and building in its name within a fixed time. However, the builder failed to execute the conveyance deed in favour of the Society even after completing the project.
Due to this failure, the Society approached the Competent Authority seeking Deemed Conveyance. However, the Deputy Registrar rejected the Society’s application. The builder objected to the application by stating that only 16 out of 28 flat owners had formed the Society and that the registration of the Society had already been challenged in a separate appeal. The builder also relied on alleged meeting minutes of 2021 claiming that some flat owners had given consent for future construction on the open portion of land and agreed to form a common society after such development. The builder further argued that permissions had been obtained from the Municipal Corporation for additional construction on nearby land.
After hearing both sides, the Bombay High Court explained that the purpose of Section 11 of MOFA is to help flat purchasers get ownership rights in the land and building when the builder refuses to transfer them. The Court clearly stated that the Competent Authority is only required to check basic documents such as:
Agreements signed with flat purchasers
Property details mentioned in those agreements
Architect’s Certificate
Commencement Certificate
Occupation Certificate
Failure of the builder to execute conveyance
The Authority does not need to conduct a full trial like a civil court or decide complicated ownership disputes in Deemed Conveyance proceedings.
The Court also clarified that even if some flat owners gave consent for future construction, it does not mean that they gave up their legal right to get the land conveyed to the Society. Consent for redevelopment or additional construction cannot cancel the builder’s legal duty to execute conveyance.
On the issue of the Society’s registration being under challenge, the Court held that the Society continues to exist legally unless its registration is cancelled by a competent authority. Simply filing an appeal against registration does not stop the Society from claiming Deemed Conveyance.
The Court further observed that permissions granted by the Municipal Corporation for new construction do not decide ownership rights and cannot be used as an excuse by the builder to delay or deny conveyance.
Based on these findings, the Bombay High Court set aside the Deputy Registrar’s order rejecting the Society’s application. The Court directed the Competent Authority to grant Deemed Conveyance for the land admeasuring 1479.10 square metres and complete the necessary process within six weeks. The builder’s request to stay the judgment was also rejected.
This judgment makes it clear that a builder cannot avoid transferring land to a housing society by relying on alleged consent of flat owners, future development plans, or pending disputes about society registration. Once the legal conditions under MOFA are fulfilled, the Society has a clear right to obtain Deemed Conveyance. Society Legal helps societies in Pune for Deemed Conveyance.