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High Court

Deemed Conveyance under MOFA – Rejection of Application by Competent Authority Set Aside. High Court of Bombay – Writ Petition under Article 226 – Challenge to Rejection of Deemed Conveyance – Developer’s Delay in Redevelopment Not a Justification – Statutory Rights under Section 11 of Maharashtra Ownership Flats Act, 1963 Upheld – Competent Authority Directed to Issue Conveyance Certificate

18 Feb 2025

Constitution of India, Article 226 – Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act, ...

Supreme Court

Supreme Court Dismissed Appeal on Stamp Duty Liability in Agreement to Sell – Reiterated Possession Clause Governs Duty Implication

14 Feb 2025

Stamp Duty – Bombay Stamp Act, 1958 – Agreement to Sell Deemed as Conveyance When Possession Delivered – Courts Impounded Document for Recovery ...

High Court

Deemed Conveyance Under Maharashtra Ownership Flats Act, 1963 (MOFA) — Civil Court Jurisdiction in Title Disputes — Quasi-Judicial Authority’s Scope — Premature Application for Deemed Conveyance

7 Feb 2025

Constitution of India (COI) — Article 226 — Writ Jurisdiction — Civil Court’s Exclusive Authority on Title Disputes Maharashtra Ownership Fla...

High Court

Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

25 Nov 2024

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

High Court

"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

21 Nov 2024

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

High Court

Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

11 Nov 2024

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...

High Court

High Court Quashes Deficit Stamp Duty Demand on Deemed Conveyance After 20-Year Delay. Maharashtra Co-operative Housing Society Succeeds in Writ Petition; Stamp Duty Demand Set Aside

3 Oct 2024

The judgment emphasized that demands for deficit stamp duty are subject to a statutory time limitation under Section 53A of the Maharashtra Stamp Act....

High Court

High Court Dismisses Frivolous Arbitration Petition in Redevelopment Dispute. Court criticizes misuse of Section 9 of the Arbitration & Conciliation Act by the developer, imposes costs for vexatious litigation.

30 Sep 2024

The Bombay High Court dismissed a petition under Section 9 of the Arbitration & Conciliation Act, 1996 filed by a developer against a cooperative ...

High Court

"High Court of Bombay Dismisses Amendment Application in SR Enterprises vs. Gurbachan Kaur Jattinder Singh Chadha Case" "Amendment seeking to challenge Deed of Conveyance and implead new party rejected; Liberty granted to file fresh application on limited facts."

27 Sep 2024

The Bombay High Court, through Justice Arif S. Doctor, dismissed an Interim Application (IA) by the Plaintiff, SR Enterprises. The IA sought to amend ...

Supreme Court

Supreme Court Upholds Stamp Duty and Registration Requirements for Sale Agreements. Clarity on Stamp Duty Liability for Agreements Preceding Sale Deeds.

24 Sep 2024

The Supreme Court of India reaffirmed the obligation to pay appropriate stamp duty on sale agreements preceding registered sale deeds. The Court rule...

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