Bombay High Court Rules Unfinished Redevelopment Work Cannot Prevent Deemed Conveyance

The Bombay High Court held that ongoing redevelopment work and the absence of a federation formation cannot be used to indefinitely delay the grant of deemed conveyance to a housing society under Section 11 of the Maharashtra Ownership Flats Act (MOFA). The ruling addresses common stalling tactics faced by property owners seeking legal ownership titles of their land and buildings from builders or promoters. Deemed conveyance is a statutory remedy provided under Section 11 of MOFA to ensure that housing societies receive legal title to their land and building without depending on the developer's cooperation.

Previously, disputes involving incomplete redevelopment projects or pending federation structures often created roadblocks, leaving societies in legal limbo. This judgment clarifies that administrative or construction delays managed by third parties should not override the statutory right of apartment owners to secure their conveyance titles. Legal professionals and managing committees should review pending conveyance applications to verify if incomplete redevelopment works are being cited as barriers by opposing parties.

Advisors must utilize this judgment to counter delays in ongoing filings under Section 11 of MOFA before the competent authorities. Bottom line: Societies can secure their property titles faster without waiting for unrelated redevelopment projects to finish.