39 years to get deemed conveyance





HC Relief For Jogeshwari Housing Society Thirty-nine years after they purchased flats in Jogeshwari, the Bombay high court has ordered deemed conveyance to the Farhat cooperative housing society.

"Since the owners having abdicated their obligation under the Maharashtra Ownership of Flats Act (MOFA) of conveying the property to the society, the competent authority has rightly intervened by passing the impugned order (of deemed conveyance)," said Justice R M Savant. The HC, however, struck down the deputy registrar's order that made deemed conveyance conditional on the final orders in a suit between the developers, Malkani Enterprises, and the land owners. The court said the litigation appeared to be a way to stop the society from getting deemed conveyance.

"The facts are very eloquent and therefore unmistakably lead to an inference that the suit has been filed by the owners merely to put obstacles in the society's way from get ting the deemed conveyance.

The suit has been filed without disclosing that a building having two wings, comprising around 60 flats, has already been constructed. The fact that Malkani Enterprises has virtually no rights remaining in the plot has been conspicuously kept away from the small causes court, and an order of injunction has been obtained against it," the judge said, adding, that making the order conditional "virtually made the grant of deemed conveyance ineffective".

The building was constructed in the mid-70s. The developer failed to form a society, which was set up by the flat owners themselves after 15 years. The plot's conveyance too was not granted. In 2006, the society issued notices to the developer for failing to grant conveyance and a criminal case was registered. In 2012, the plot owners issued notices to the developer cancelling the monthly tenancy as arrears were not paid for over 20 years. Subsequently, a suit was filed by the developers against the owners.

The HC said prima facie there was collusion between the developer and land owners to stop the society from getting conveyance. The owners will get six weeks to file an appeal.