By Staff Reporter
The Fact:
By the present Writ Petition filed under Article 227 of the Constitution of India, challenge is to the legality and validity of the Order dated 11th April 2018 passed by the District Deputy Registrar of Co-op. Societies, Mumbai-1 City alias Competent Authority (“Competent Authority”), by which Deemed Conveyance Application filed by the Petitioner is dismissed.
It is well settled that under Section 11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”), the Competent Authority is bound to grant conveyance in accordance with the terms of the Agreement which is executed between the Promoter and flat purchaser (“MOFA Agreement”).
It is well settled that under Section 11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”), the Competent Authority is bound to grant conveyance in accordance with the terms of the Agreement which is executed between the Promoter and flat purchaser (“MOFA Agreement”).
The Judgement:
It is well settled that under Section 11 of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”), the Competent Authority is bound to grant conveyance in accordance with the terms of the Agreement which is executed between the Promoter and flat purchaser (“MOFA Agreement”).
It is directed that the said Application i.e. Deemed Conveyance Application No.3 of 2017 is allowed with respect to area mentioned in the First Schedule (Page 69) i.e. to the extent of 2000 sq. yards and the building of the Petitioner- Society standing thereon.
It is directed that the said Application i.e. Deemed Conveyance Application No.3 of 2017 is allowed with respect to area mentioned in the First Schedule (Page 69) i.e. to the extent of 2000 sq. yards and the building of the Petitioner- Society standing thereon.
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