Browsing Tag

MOFA

22 posts
MahaRERA Appellate Tribunal rules that settlement on possession & payment does not waive homebuyer’s right to RERA delay interest unless explicitly recorded.

Housing Society Wins Key Victory in Deemed Conveyance Dispute Against Developer

In a major relief for flat owners, Bombay High Court has ordered deemed conveyance for Rashesh CHS in Bhayandar, granting exclusive rights over 2201.56 sq.m. and proportionate share in recreational ground. A significant win against developer delay.
The ITAT ruled that the CPC applied the wrong deadline to deny Duru Mahal CHS its Rs 8.23 lakh Section 80P deduction — the society had filed its return a day before the correct due date.

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 directs deemed conveyance for Malad society in phased layout, ruling that contractual delays till full project completion are invalid under MOFA. Major relief for homebuyers.

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.
Mumbai Co-op Court says societies can fix maintenance but must apply BMC property-tax concessions to eligible individual tenements.

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.