Bombay High Court Empowers Homebuyers: Grants Deemed Conveyance Relief to Society, Reinforcing Flat Owners’ Right Against Builder Delays

Bombay High Court empowers housing societies by ordering deemed conveyance in Kartik Regency case, ruling that builder defaults trigger statutory relief under MOFA — a blueprint for thousands facing non-conveyance issues.

Full Payment to Builder Is NOT a Pre-Condition for Society Membership

In a landmark ruling, the Bombay High Court held that full payment to a builder is not a prerequisite for membership in a cooperative housing society. The court restored deemed membership for a MOFA flat buyer, emphasizing that statutory rights under the Maharashtra Ownership Flats Act cannot be denied due to payment disputes.

Not Just Developers! Tribunal Says Society is Also a Promoter Under RERA

In a major ruling, the Maharashtra Real Estate Appellate Tribunal held that a society redeveloping its own property after terminating the builder is also a “promoter” under RERA — making it liable to compensate flat buyers and requiring it to deposit funds before appealing.