Browsing Tag

MOFA

13 posts
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 scathing order, Bombay HC has exposed CIDCO’s 37-year-old “forgotten land” scandal in Navi Mumbai and ordered fresh acquisition under the 2013 Act with full compensation — a landmark blow for property rights.

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.
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.
“The rates mentioned in the Ready Reckoner are basically for the purpose of collection of stamp duty and cannot be the basis for determination of the compensation for the lands acquired under the Land Acquisition Act,” the Bombay High Court reiterated while slamming the SLAO’s flawed approach and upholding enhanced compensation of ₹3.99 crore.

Builder Sold Flats, Disappeared for 40 Years – Bombay High Court Finally Gives Ownership to Residents

After selling flats in the 1980s, the landowner vanished for 40 years. Residents formed their own society, paid taxes, and maintained the buildings themselves. When the original owner finally claimed the land back, Bombay High Court threw out the case with costs and declared: the residents are the real owners. A historic victory for flat buyers across Maharashtra.
In a win for Mumbai's elite flat owners, the Bombay High Court has reined in developers at The Imperial towers, freezing expansion to 2009 plans amid a 26-year slum rehab odyssey turned profit bonanza.

Bombay High Court Caps Construction at ‘The Imperial’ Tardeo, After Residents Object

In a win for Mumbai’s elite flat owners, the Bombay High Court has reined in developers at The Imperial towers, freezing expansion to 2009 plans amid a 26-year slum rehab odyssey turned profit bonanza.