Mumbai: The Bombay High Court recently held that if a cooperative housing society was mistakenly given less area in deemed conveyance than its legal entitlement, such order of a deputy registrar would not enable an adjoining society to take advantage of excess land falling into its fold. The HC dismissed a petition filed by a Mumbai suburban society and observed that “this court cannot be a party to the petitioner’s endeavour to grab the land” meant to be conveyed to another society.Sitting singly, Justice Sandeep Marne of the HC, though, noted that a deemed conveyance certificate is not a final stamp of approval of rights in the conveyed land. It directed that if the petitioner — Kuber Kartik New Link Road Premises Co-op Society Ltd — is aggrieved by the district deputy registrar’s order, it has the liberty to file a suit to challenge the area handed over to the other society. The societies are located in Andheri West.The tussle was over almost 3 acres of land. The state department governing deemed conveyance — the process of conveying to a society the rights to the land on which the building stands once the occupancy certificate is received — handed over 1.7 acres to the petitioner last May. Through its counsel, Mayur Khandeparkar, it argued it was entitled to 2.5 acres, after deducting less than 500 square metres conveyed in 2021 for a building called Krishna Society, constructed earlier by the builder.For Krishna Society, its counsel, Amogh Singh, argued that following corrections sought, the deputy registrar last year increased its conveyance to 1.15 acres. He said on March 30, 2026, the land was conveyed by the builder, rendering Krishna Society the owner.Aggrieved by the correction and execution, the Kuber Kartik society approached the HC. Khandeparkar argued and the HC agreed that the March conveyance for Krishna Society was an “act of judicial overreach”. Justice Marne added, “However, though this court does not appreciate the conduct, it upholds the 2025 conveyance since it ‘ensures that both the societies receive only proportionate portions of land.’”The HC invoked a Supreme Court ruling and the law to hold that conveyance has to be proportionate.The HC said it was “convinced” that the conveyance is for proportionate land areas, while Kuber Kartik Society seeks to take advantage of a mistake committed by Krishna Society in securing its proper conveyance in 2021.The MOFA Act requires a building to give conveyance of land after the building is complete. If the builder does not do so within the stipulated time mandated under law, the cooperative housing society can approach the deputy registrar of cooperative societies, which can, subject to all mandated conditions being satisfied, grant unilateral deemed conveyance, rendering the society owner of the land by transferring building ownership to society.The society gets full control over property rights and redevelopment rights.
