The Bombay High Court ruled that a developer cannot delay the conveyance deed to a society over future FSI issues. This decision reinforces the legal obligations of developers towards housing societies.
Developer Cannot Delay Conveyance to Society Over Future FSI: Bombay HC
The Bombay High Court has ruled that a developer cannot postpone the execution of a conveyance deed to a housing society due to disputes over future Floor Space Index (FSI) implications. The judgment emphasizes developers' legal responsibilities to complete conveyances irrespective of pending future developments.
The Court examined the provisions under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) and determined that the second application for conveyance made by the society was maintainable. It concluded that the obligation to convey property to the society takes precedence over other developmental considerations.
“The rights of the society to receive conveyance are paramount and cannot be obstructed by speculative future developments,” the Court articulated.
This ruling is significant as it reinforces the rights of housing societies and clarifies the obligations developers hold once possession is transferred. Developers must adhere to statutory requirements to prevent potential disputes.
Legal practitioners involved in real estate transactions should note this decision, as it reinforces the need for timely execution of conveyance deeds to societies, ensuring compliance with statutory mandates.
Citations
- Developer Cannot Delay Conveyance (2026) Bombay High Court Reporter 25
