Browsing Tag

MOFA

22 posts
In a stark reminder of delayed justice in Mumbai’s property cases, the Bombay High Court has finally ordered eviction of a licensee from a Bandra flat after nearly 48 years of legal battle. (130 characters)

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.
Bombay HC confirms Manjusha Ogale as sole lessee of Deccan Gymkhana Plot 23 and permanently bars Natekars from dealing with or redeveloping the property without her and the Society’s consent.

Bombay High Court Shocker: Builder Can’t Form Two Societies in One Building

In a major ruling impacting mixed-use housing projects, the Bombay High Court has held that developers cannot form separate cooperative societies for residential and commercial units in the same building unless they are functionally and physically independent. The Court also declared the 2004 Maharashtra government circular permitting such practice as having no statutory force.