The Bombay High Court has delivered a significant ruling reinforcing the rights of housing societies in Mumbai, holding that administrative shortcomings such as the absence of a property card cannot be used to deny flat purchasers their legal entitlement to conveyance. The judgment is expected to have wider implications for cooperative housing societies facing prolonged delays in securing ownership of land and buildings from developers.
The case arose from a long-standing dispute involving a cooperative housing society in Ghatkopar East, which had sought deemed conveyance after years of inaction by the original promoter’s successors. Although the society was registered in the late 1990s, formal transfer of land and building ownership had not been executed. When the society approached the designated authority under the Maharashtra Ownership of Flats Act (MOFA), its application was rejected on procedural grounds, including the alleged inadequacy of a property card submitted as part of the documentation. In setting aside that decision, the High Court emphasised that conveyance is a substantive statutory right granted to flat purchasers under MOFA. The court observed that revenue records such as property cards are evidentiary tools, not conditions precedent that can override the core intent of the law. Denying conveyance solely due to imperfections in such documents, the court held, would undermine the protective framework established to prevent promoters from indefinitely withholding ownership transfer. Legal experts say the ruling addresses a common obstacle faced by older housing societies across Mumbai, where historical land records are often fragmented, outdated or inconsistent across departments. In many cases, societies rely on government portals or legacy documents, only to face rejection on technical grounds that delay resolution for years.
The court also examined the physical and legal layout of the land in question, noting that multiple buildings formed part of a single development parcel. It reaffirmed the principle that flat purchasers acquire not just built-up space but an undivided interest in the underlying land. In the absence of explicit contractual language excluding any portion of the land from conveyance, the court found no justification for denying the society’s claim. Urban governance specialists say the judgment sends a strong signal to regulatory authorities to prioritise substance over form. As Mumbai’s housing stock ages and redevelopment pressures grow, timely conveyance has become critical for societies seeking to undertake repairs, access finance, or pursue redevelopment in a legally secure manner. The ruling also highlights the broader issue of institutional accountability. While digital land records and online systems have improved transparency, gaps between revenue, planning and housing authorities continue to create friction for citizens. Courts are increasingly stepping in to bridge these gaps, particularly where procedural rigidity threatens housing security.
Looking ahead, the decision is likely to strengthen the position of housing societies pursuing deemed conveyance across Maharashtra. It reinforces the principle that housing laws must be interpreted in favour of residents’ rights rather than administrative convenience, and that access to secure ownership remains central to equitable and resilient urban living in high-density cities like Mumbai.
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