City Civil Court Backs Malad Housing Society’s Right to Deemed Conveyance in Dispute with Original Landowners | Representative Image
Mumbai: Ruling in favour of a Malad housing society, the city civil court said that it has the right to execute deemed conveyance as per the provisions of the Maharashtra Ownership Flats Act (MOFA). The court nixed the plea filed by the original owners seeking to restrain the society from interfering with their possession of the property.
The Remedios family – Eugene, Prafulla and Lloyd – had taken legal recourse against New Padmavati Krupa Co-operative Housing Society and Tushar Builders.
They said that they are legal heirs of Donald Remedios, who owned several land parcels in Valnai, Malad and had agreed to sell some part to Tushar Builders. It was agreed that 8,000 sq ft would be utilised for the development of a residential building, while 2,500 sq ft would be used for the extension of Donald’s family house.
A dispute arose when the trio alleged that the builder reserved only 1,780 sq ft for the family. In the meanwhile, the society approached the district deputy registrar, seeking deemed conveyance. However, the trio claimed that instead of seeking conveyance for the building plot, the society made an application for the entire land, including the part reserved for the family home. Despite the objections, the registrar approved the plea, after which the Remedios’ moved the court.
They sought ad-interim relief against the society, asking to restrain it from demolishing the compound fence, creating third-party interests, claiming rights to their property or obtaining legal permission to utilise the disputed property. The society argued that the deemed conveyance was executed as per the MOFA.
Stating that the plot possession could only be proven through evidence, the court refused to grant any interim relief to the owners.
