MUMBAI: Recently, the Bombay High Court ruled that if a cooperative housing society is mistakenly allocated less land in a deemed conveyance than it is legally entitled to, such an order by a deputy registrar would not allow a neighboring society to claim the excess land. The HC dismissed a petition from a society in Mumbai’s suburbs, stating that “this court cannot support the petitioner’s effort to seize the land” designated for another society.
Justice Sandeep Marne of the HC clarified that a deemed conveyance certificate is not an absolute endorsement of rights over the conveyed land. The court permitted the petitioner, Kuber Kartik New Link Road Premises Co-op Society Ltd, to file a suit if dissatisfied with the district deputy registrar’s order regarding the areas conveyed to the other society. Both societies are situated in Andheri West.
The dispute concerned nearly 3 acres of land. The state department managing deemed conveyances assigned 1.7 acres to the petitioner last May. Represented by counsel Mayur Khandeparkar, the petitioner argued entitlement to 2.5 acres, after subtracting less than 500 square meters previously conveyed in 2021 to a building called Krishna Society, developed earlier by the builder.
For Krishna Society, its counsel, Amogh Singh, claimed that adjustments led to the deputy registrar increasing its conveyance to 1.15 acres last year. He stated that the builder conveyed the land on March 30, 2026, making Krishna Society the rightful owner.
Kuber Kartik Society contested the adjustments and approached the HC, arguing that the March conveyance for Krishna Society represented “judicial overreach.” Justice Marne remarked, “Despite the court’s disapproval of the conduct, we uphold the 2025 conveyance to ensure both societies receive appropriate land portions.”
The HC cited a Supreme Court ruling and relevant law affirming that conveyances must be proportionate.
The HC expressed its belief that the conveyance pertains to proportional land areas, rejecting Kuber Kartik Society’s attempt to capitalize on a mistake made by Krishna Society in obtaining its accurate conveyance in 2021.
Under the MOFA Act, once a building is complete, the builder must convey the land. If the builder fails to meet the timeline mandated by law, the cooperative housing society can approach the deputy registrar of cooperative societies, which may grant unilateral deemed conveyance, thus giving the society ownership of the land by transferring building ownership.
This ensures the society has complete control over property and redevelopment rights.
