Deemed conveyance tor occupied area

While hearing petitions of two housing societies, HC says changes bound to take place in large, phased projects

The Bombay High Court has ruled that a housing society, a company or an association cannot be granted "unilateral deemed conveyance" more than its built-up area and area around it, as per the provisions of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act [MOFA].

Deemed conveyance means the transfer of right, title, and interest of the land or building in the name of society, company or association. In the regular conveyance, promoters (construction builder, landowner, or developer) willingly or voluntarily give the conveyance.

The court emphasised that in a large project, where several buildings are proposed to be constructed over a period of time in a phased manner, certain changes are bound to take place, and individual building society would be entitled to deemed conveyance for the area it occupies.

The court was hearing petitions filed by two housing societies Marathon Era Co-operative Housing Society Ltd in Lower Parel and Gulmohar Lokmilan Cooperative Housing Society Limited in Andheri-which were denied unilateral deemed conveyance by the District Deputy Registrar

Societies of Cooperative more than their built-up areas. The societies were a part of a larger gated community.