Bombay High Court Orders Deemed Conveyance for Neelkanth Heights Cooperative Housing Societies Association

The Bombay High Court has issued a deemed conveyance certificate in favor of the Neelkanth Heights Cooperative Housing Societies Association Ltd in Thane, marking a significant victory for over 700 flat owners. The court directed the Competent Authority to issue the conveyance certificate under Section 11(3) of the Maharashtra Ownership Flats Act (MOFA), citing the developer's unjustified delay in transferring property rights. The court noted that the developer's resistance was in clear violation of flat purchasers' statutory rights and MOFA's mandate that conveyance must be executed within four months of society formation.

Key Takeaways:

• The Bombay High Court ordered the issuance of a deemed conveyance certificate in favor of the Neelkanth Heights Cooperative Housing Societies Association Ltd in Thane, benefiting over 700 flat owners.
• The court pulled up the developer - Abhinav Real Estate Private Limited, now known as Neelkanth Realtor Private Limited - for unjustified delay in transferring property rights, violating flat purchasers' statutory rights under the Maharashtra Ownership Flats Act (MOFA).
• The Association - comprising three registered societies, Rameshwar (2004), Mansarovar (2005), and Girija (2011) - had filed for deemed conveyance of leasehold rights over land at Majiwada, Thane, despite the developer's resistance.
• The court rejected the Competent Authority's objections, holding that vague claims of "future development" cannot override the legal obligation to convey title to the societies.
• The judge clarified that MOFA does not allow indefinite delay on the promise of future projects, and the court also upheld the legality of the Apex Society's formation.
• The court ruled that once individual societies are registered, they are entitled to join under an umbrella association without the builder's consent.