High Court Slams Delay: Thane Housing Society Wins Deemed Conveyance Battle After 30 Years
Bombay High Court Rebukes Registrar Overreach, Orders Title Transfer To Society Within 60 Days
Thane, September 10, 2025 — In a decisive judgment shaking up Maharashtra’s cooperative housing landscape, the Bombay High Court has come down hard on bureaucratic inertia, directing the Competent Authority, Thane, to grant deemed conveyance to Shree Sai Co-operative Housing Society Ltd. within 60 days.
The verdict overturns the authority’s April 25, 2025 rejection, which had denied the society ownership of its own 30-year-old building and land — citing a third-party dispute that had nothing to do with the cooperative’s claim. The court called this reasoning “legally untenable and contrary to MOFA’s core purpose.”
Court Restores Justice To Flat Owners
The society had been waiting since 1995, when its promoter failed to execute the conveyance deed despite having completed construction and obtained the occupancy certificate. In 2022, after decades of inaction, the society invoked Section 11 of the Maharashtra Ownership Flats Act (MOFA) — a law empowering flat purchasers to secure ownership even if a developer refuses to cooperate.
The Competent Authority, however, rejected the plea, arguing that the land title was “unclear” due to a dispute between the promoter and another party over an adjacent plot. The society challenged this in the High Court, asserting that flat owners cannot be punished for the promoter’s failures or external conflicts.
Justice ruled firmly in their favor, declaring that MOFA’s intent is to protect purchasers, not delay them. The promoter’s non-cooperation or missing documents could not defeat a statutory right created precisely to remedy such exploitation.
Court’s Key Reasoning
Referring to Supreme Court Bar Co-operative Housing Society vs. Competent Authority (2025), the bench observed that the Competent Authority’s function is administrative — not judicial. It cannot hold back conveyance over irrelevant or unresolved third-party disputes.
The court praised the society for producing sale deeds, occupancy certificates, and registration documents, which together established an unimpeachable claim to ownership. The judgment underscored that deemed conveyance is vital for society self-governance, maintenance, and redevelopment, especially for Mumbai and Thane’s aging buildings.
Orders With Teeth
- Rejection order quashed; deemed conveyance to be issued within 60 days.
- Promoter to hand over all project records within 30 days, enabling registration under the Registration Act, 1908.
- Warning of penalties issued to the promoter for any further obstruction.
Why This Matters
This ruling sends a strong message to both developers and local authorities — that ownership rights of flat buyers cannot be stalled by excuses or bureaucracy. It sets a precedent ensuring that housing societies finally gain control over their land and buildings, paving the way for redevelopment and better governance.
With thousands of societies across Maharashtra still struggling for title transfer, the Shree Sai CHS victory stands as a symbol of empowerment and persistence, proving that the judiciary remains a bulwark against administrative apathy.
