Mumbai Introduces Amendment to MOFA for Stronger Property Rights
Mumbai’s flat owners may soon gain stronger legal protection over their homes, as the state government has introduced an amendment to an existing housing law aimed at closing a long-standing regulatory gap affecting property ownership. The proposed change seeks to ensure that developers hand over conveyance deeds on time, a step widely seen as critical for securing clear land titles for housing societies across the city.
The amendment to the Maharashtra Ownership Flats Act is designed to cover residential projects registered under the Real Estate Regulation framework, which currently mandates timely conveyance but lacks effective enforcement measures. Under the revised provision, developers undertaking new construction or redevelopment would be legally bound to execute conveyance deeds within three months of receiving occupation certification, bringing sharper accountability into the system. Housing experts say the move addresses a persistent problem that has affected thousands of societies, particularly in Mumbai, where a large share of residential projects over the past decade have been delivered under the newer real estate regulation regime. While the law requires conveyance, many developers have delayed or avoided transferring land and building ownership to societies, leaving residents without full legal control over their property.
An official familiar with the proposal said the amendment would also extend the concept of “deemed conveyance” to projects developed under the newer regulatory framework. Deemed conveyance allows a housing society to obtain ownership through a legal process when a developer fails to act within the prescribed timeframe. Until now, this option was largely unavailable to societies formed under the newer law, creating uncertainty over redevelopment rights, access to loans, and long-term asset security. Urban legal experts view the proposed change as a structural correction rather than a procedural tweak. “Clear conveyance is the foundation of collective ownership. Without it, societies struggle to redevelop buildings, raise finance, or even assert basic property rights,” said a housing law specialist. The lack of criminal liability for non-compliance, the expert added, has allowed delays to become routine rather than exceptional.
The amendment has been welcomed by housing advocates, who say it could provide relief to middle-income and senior citizen residents living in ageing buildings. Delayed conveyance often prevents societies from undertaking safety upgrades, energy-efficiency retrofits, or redevelopment—issues that have direct implications for urban resilience and sustainability in dense cities like Mumbai. However, some policy observers cautioned that effective implementation will be key. They argue that clear timelines, transparent procedures, and administrative capacity will determine whether the amendment translates into real change on the ground. “Legislative intent must be matched with enforcement. Otherwise, delays will simply shift from one statute to another,” said a former housing administrator.
If passed and enforced, the amendment could strengthen trust in the housing market by reinforcing buyer rights and clarifying ownership structures. For Mumbai’s residents, it may mark a step towards more secure, equitable, and future-ready housing—where legal certainty supports safer buildings, planned redevelopment, and long-term urban sustainability.
