Browsing Tag

MOFA

11 posts
Flat owners in completed buildings win big — Supreme Court confirms housing societies need not wait for the builder to finish other wings to claim their land.

Landmark Verdict: Housing Societies Need Not Wait for Builder to Complete Entire Project to Claim Their Land, Rules Supreme Court

Flat owners in completed buildings win big — Supreme Court confirms housing societies need not wait for the builder to finish other wings to claim their land.
Bombay High Court rules in favour of flat buyers in Ratan Nagar: Full deemed conveyance upheld under MOFA, rejecting builders' "lease-only" claims. Justice Borkar holds that promoters must transfer entire land ownership — a big boost for homebuyers fighting delayed title transfers.

Bombay HC: Flat Buyers Win Deemed Conveyance Row

Bombay High Court rules in favour of flat buyers in Ratan Nagar: Full deemed conveyance upheld under MOFA, rejecting builders’ “lease-only” claims. Justice Borkar holds that promoters must transfer entire land ownership — a big boost for homebuyers fighting delayed title transfers.
In a major boost for homebuyers, the Supreme Court has ruled that merely leasing or renting out a purchased residential flat does not disqualify buyers from filing consumer complaints against builders for delays or unfair practices. The verdict in Vinit Bahri vs MGF Developers restores a dismissed case and clarifies that builders must prove "commercial purpose" to exclude consumer status.

Supreme Court Shocker: Landowners Off the Hook for Builder Delays – Homebuyers Must Chase Developers Alone in JDA Deals!

The Supreme Court has ruled that in JDA projects, landowners aren’t jointly liable for construction delays—developers bear sole responsibility for handover and compensation. After a twisted review process involving a remand, the verdict offers huge relief to landowners and housing societies, clarifying buyers’ recourse lies with builders.
In a no-holds-barred verdict, Bombay HC tells housing societies: Stop playing judge. You cannot decide who owns the flat or settle inheritance fights. Your only job is collecting dues and maintaining records — stay in your lane or face the consequences.

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.
In a powerful pro-homebuyer verdict, the Bombay High Court has held that allottees are “generally very vulnerable” and cannot be placed on equal footing with promoters, clearing the way for withdrawal of deposited refund amounts during developer appeals.

Developer’s Residual Rights in a Real Estate Project and How it Impacts Homebuyers

In a significant ruling, the Bombay High Court quashed a unilateral deemed conveyance order, emphasizing the need for independent architect verification in multi-building layouts. The December 23, 2025 judgment in Velantine Properties highlights the tension between developers’ residual rights to unused land and FSI, and homebuyers’ demand for timely property transfer under MOFA—illustrating why clear contracts and fair assessments are crucial for both sides.