Bombay HC Orders Deemed Conveyance for Neelkanth Heights Society in Thane

The Bombay High Court has delivered a significant ruling in favor of the Neelkanth Heights Society in Thane, a housing society that has been battling with its developer, Abhinav Real Estate Private Limited. The court has ordered the deemed conveyance of the property, ensuring that the society can now take control of its maintenance and management.

The ruling comes after a long-standing dispute between the residents of Neelkanth Heights and the developer. The society had been fighting to obtain conveyance deeds, which are essential for the transfer of property rights from the developer to the residents. The case has been a testament to the struggles faced by many housing societies in securing their rights and ensuring proper governance.

The court's decision is based on the provisions of the Maharashtra Ownership Flats Act (MOFA), a crucial legislation that governs the rights and responsibilities of developers and residents in multi-unit residential projects. According to MOFA, developers are required to transfer the conveyance deeds to the housing society within a specified timeframe. Failure to do so can result in the deemed conveyance of the property.

In this case, the court noted that Abhinav Real Estate Private Limited had failed to comply with the legal requirements and had been unresponsive to the repeated requests and demands of the Neelkanth Heights Society. The court highlighted the importance of adherence to legal norms and the rights of the residents to govern their own affairs.

The deemed conveyance order means that the Neelkanth Heights Society will now have the authority to manage the common areas, make decisions regarding maintenance, and enforce rules and regulations within the premises. This is a significant victory for the residents, who have been advocating for these rights for several years.

The court also criticized the developer for its lack of cooperation and transparency. Justice V. M. Kanade, who delivered the judgment, emphasized that developers must fulfill their obligations under the law and not delay the conveyance process unnecessarily. The court's decision is expected to set a precedent for similar cases in the region, providing a ray of hope for other housing societies facing similar issues.

The Neelkanth Heights Society has expressed its gratitude to the court for the ruling, stating that it will now work towards improving the overall living conditions and amenities for its residents. The society plans to hold meetings to discuss the way forward and ensure that the transition is smooth and effective.

This case underscores the importance of legal protections for housing societies and the need for developers to adhere to the established laws and regulations. The ruling is a reminder that residents have the right to govern their own communities and that developers must be held accountable for their actions.

For those involved in the real estate sector, this decision serves as a warning to comply with legal norms and respect the rights of property owners. The Neelkanth Heights Society's success in obtaining the deemed conveyance is a testament to the power of collective action and legal advocacy.

In conclusion, the Bombay High Court's order for the deemed conveyance of the Neelkanth Heights Society is a landmark decision that will have far-reaching implications for housing societies across Maharashtra. It reinforces the principle that the rights of residents should be protected and that developers must fulfill their legal obligations.