The Bombay High Court has granted deemed conveyance to the Neelkanth Heights Society in Thane, ordering the builder, Abhinav Real Estate Private Limited, to transfer the management and ownership of the society's common areas to the residents. This ruling is a significant victory for the residents who have been battling for their rights for years.
Deemed ConveyanceNeelkanth Heights SocietyThaneBombay High CourtAbhinav Real EstateReal Estate MumbaiMay 12, 2025
Deemed conveyance is a legal provision where the ownership and management of the common areas of a residential society are transferred to the residents by default, without the need for a formal conveyance deed. This typically happens when the developer fails to transfer the management and ownership to the residents within a specified period.
Deemed conveyance is important because it gives residents control over the maintenance and management of their society's common areas. This ensures that the common areas are well-maintained and secure, and that the residents have a say in the decisions affecting their living environment.
The main issue faced by Neelkanth Heights Society was the developer's failure to transfer the management and ownership of the common areas to the residents. This led to neglect and improper maintenance of the common areas, prompting the residents to seek legal intervention.
The Bombay High Court ruled in favor of the Neelkanth Heights Society, granting the deemed conveyance of the society to the residents. The court also criticized the developer, Abhinav Real Estate, for their inaction and negligence.
This ruling is expected to set a precedent for similar cases and encourage builders to comply with legal requirements. It is hoped that this will prevent similar issues in other residential societies and ensure that residents have the right to manage their common areas.
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