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Showing posts from May 23, 2020

Conveyance to Societies / Housing Societies

Section 11 of Maharashtra Ownership of Flats Act, 1963, (MOFA) r/w Rule 9 of MOFA Rules, 1964, obligates upon Developers to execute conveyance in favour of the Society within four months from the date on which the co-operative Society is duly constituted. The Conveyance to Housing Societies and other Societies, is a pressing issue in Mumbai; and rest of India may not be an exception. The Developers do not Convey land to in favour of Societies to retain control over the administration of the Building; and probably to claim further development rights over the said land, which may accrue in future. The Hon’ble Bombay High Court in the Case of Ratna Rupal CHS [2011 (5) BCR 561, also referred in 2015 (5) MhLJ 318, 2016 (5) MhLJ 102] have made some very interesting observations: Para 10: The Conveyance had to be executed within the specified period. The conveyance was not executed for a number of years. The Plaintiff (Society) must be taken to have had full title in the en