Mumbai: The Bombay High Court has said in a judgment that even if there is no Occupation Certificate (OC), the right of a flat buyer to get a deemed conveyance certificate is not barred.
ALJ Residency Cooperative Housing Society Limited at Pali Naka, Bandra West. The court passed the order on an application challenging the January 30 order of the District Sub Registrar (DDR) rejecting the society’s application for deemed conveyance under the Maharashtra Flat Ownership Act, 1963. In granting compulsory ownership rights under MOFA, M/s Bhati Homes Pvt. The Limited Society alleged that there were inadequacies in the DDR rejecting the Society’s application citing illegal construction related to the sale agreement, full commencement certificate and illegal floors, discrepancy in the City Title Survey numbers and pending claims. .
The High Court said that under Section 11(3) of the MOFA, it is necessary to submit the relevant documents including the registered agreement and OC (if any). This means that the OC is not required to give deemed conveyance in issuing the Defect Notice (Form VIII) before rejecting the application.
Mrs. On November 25, Sharmila Deshmukh rejected Dali’s claim that construction would be legalized by granting deemed conveyance. The court clarified that by deemed conveyance only the ownership of the promoter is transferred in the name of the purchaser. So that the society can regulate construction or redevelopment.
The court cited a 2018 government proposal that allowed societies to file self-declaration without OC and apply for OC after deemed conveyance.
The Court, while setting aside the order rejecting the application in 2017, handed over the application to the authority and directed that the deemed conveyance be issued after the society gives a self-declaration as per GR 2018. Redevelopment after obtaining deemed conveyance.
