Deemed conveyance can’t be denied on grounds of faulty agreement: HC

MUMBAI: In an important ruling, the Bombay high court on Thursday held that the competent authority cannot reject applications for deemed conveyance on the grounds of legality and validity of agreements executed between the parties, and directed the joint registrar, Co-Operative Societies to issue certificate of deemed conveyance to a housing society of Kamothe in Navi Mumbai. Deemed conveyance can’t be denied on grounds of faulty agreement: HC The concept of deemed conveyance was introduced by the Maharashtra government in 2008 and the rules published in 2010, whereby a society that did not receive the conveyance deed was entitled to apply to the deputy district registrar of Cooperative Societies, that would then pass an order conveying the land in favour of the society after verification of documents. Hearing a petition filed by Blue Heaven Co-op Housing Society, challenging an order dated 18 January 2023 passed by the joint registrar, Co-operative Societies, rejecting the plea filed by the society for deemed conveyance, a single judge bench of justice Sharmila Deshmukh held that once the competent authority finds that the promoter has not conveyed the property to the housing society, as mandated under the Maharashtra Ownership of Flats Act, 1963, the authority must fulfil the legal mandate and issue deemed conveyance. However, the developer and the landowners neither got the housing society registered nor executed conveyance in its favour, prompting the society to apply for deemed conveyance.