Landowners as Promoters Under MOFA: Bombay High Court Clarifies Deemed Conveyance and Lessor Obligations

sketch of the Bombay High Court
Case
Rohini Gupta AND ANR v. District Deputy registrar Coperative Societies AND ORS (Bombay High Court, 08-09-2026)
Law
Maharashtra Ownership Flats (Regulation of the promotion of Construction Sale Management and transfer) Act, Constitution of India, Registration Act.

Highlights of the Judgment:

  • Detailed examination of whether a lessor-landowner qualifies as a promoter under Section 2(c) of MOFA due to active construction participation.
  • Scope of statutory obligations under Section 11 of MOFA regarding unilateral deemed conveyance of land and buildings.
  • Legal effect of lease agreements providing for building vesting and material specifications on landowner liability.
  • Analysis of whether prior assignment of leasehold rights constitutes complete fulfillment of promoter obligations.
  • Application of the doctrine that there is no estoppel against statutory mandates under real estate legislation.