Statutory Conveyance via Society Bifurcation Bars Deemed Conveyance Under MOFA Section 11

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Case: HAPPY HOMES PLOT OWNERS CO OP. HOUSING LTD. THR. THEIR SECRETARY VISHAL H SHAH v. DISTRICT DEPUTY REGISTRAR CO OP. SOC. MUMBAI CITY(4) AND ORS
Court: Bombay High Court
Date: 29-07-2026
Law: Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act, Maharashtra Co-operative Societies Act, Transfer of Property Act, Registration Act.

Full Judgment → MCQ Test →

Highlights of the Judgment:

• Examination of the interplay between Section 11 of MOFA and Section 17(2) of the Maharashtra Co-operative Societies Act, 1960.
• Interpretation of statutory conveyance arising automatically upon the registration of bifurcated housing societies.
• Analysis of the jurisdictional limits of the Competent Authority regarding unilateral deemed conveyances.
• Application of the non-obstante clause in Section 17(2) over the Transfer of Property Act and Registration Act.
• Adherence to precedent establishing that MOFA procedures cannot rectify defects in prior society bifurcation orders.