In a significant boost for homebuyers, the Bombay High Court has partly allowed the writ petition filed by Rashesh Cooperative Housing Society Limited, Bhayandar (West), directing the issuance of a deemed conveyance in its favour.
Justice Amit Borkar, in a detailed judgment pronounced today, quashed the order dated 8 July 2025 passed by the District Deputy Registrar, Thane, and directed the competent authority to issue a fresh certificate of deemed conveyance within eight weeks.
The court held that the society is entitled to exclusive conveyance of 2201.56 square metres comprising the plinth area of 1151.56 sq.m. and appurtenant open/setback area of 1050 sq.m., along with an undivided proportionate share of 703.62 sq.m. in the layout’s Recreational Ground (RG).
Background of the Dispute
The Rashesh Cooperative Housing Society was formed in December 2015 after the developer, Shreeji Developers (of which respondents Nos. 4 to 6 are partners), constructed the building. Despite completion of construction and issuance of an occupation certificate in 2013, the developer failed to execute the conveyance deed in favour of the society.
After multiple attempts, the society approached the District Deputy Registrar under the Maharashtra Ownership Flats Act (MOFA) seeking deemed conveyance. Aggrieved by the limited relief granted earlier, the society approached the High Court, which had earlier remanded the matter for fresh consideration.
Court’s Key Findings
In a well-reasoned judgment, Justice Borkar clarified important legal principles regarding conveyance in multi-building layouts:
- The promoter has a statutory obligation under Section 11 of MOFA to convey the land and building to the society.
- Conveyance cannot be restricted merely to the building footprint (plinth area). It must include appurtenant area — the open spaces, setbacks, and areas necessary for the beneficial enjoyment of the building as per sanctioned plans and building regulations.
- In TDR-loaded layouts, the 2018 Government Resolution requires separate identification of plinth area and appurtenant area.
- The court accepted the figures provided in the developer’s architect certificate (based on the sanctioned plan dated 29 March 2019) for plinth and appurtenant areas.
- However, the society was also held entitled to its proportionate undivided share in the common Recreational Ground, which cannot be claimed as exclusive possession.
The court emphasised that MOFA is a welfare legislation meant to protect flat purchasers from promoters who delay or deny title even after receiving full consideration.
Directions Issued
The High Court directed:
- The District Deputy Registrar to issue a fresh deemed conveyance certificate incorporating the exact areas mentioned above, along with survey numbers and layout details.
- The developer (respondent Nos. 3 to 7) to extend full cooperation and provide all necessary documents.
- In case of non-cooperation, the Registrar can proceed unilaterally.
There shall be no order as to costs.
This judgment is being seen as a balanced yet pro-homebuyer order that strikes a middle ground between the society’s higher demand and the developer’s restrictive stand, while reinforcing the rights of housing societies to receive proper title in large layouts.
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