Bombay HC Orders Fresh Deemed Conveyance Fixing Society's Recreation Ground Share

On 4 November 2026, the Bombay High Court allowed a writ petition by Devendra Co-operative Housing Society Ltd., Borivali, against the District Deputy Registrar, Mumbai City (4). The court set aside a 4 May 2017 deemed conveyance order and directed the authority to issue a fresh certificate. The report was published on 5 November 2026.

Background of the dispute

Deemed conveyance is the process by which a society obtains the title to its land and building from a builder who has not executed a conveyance. The 2017 order had transferred 2,625.84 sq m of land to the society and mentioned an undivided interest in common amenities such as the recreation ground, but gave no figure for it.

The society claimed 463.38 sq m of the 1,086 sq m recreation ground, relying on the 1982 layout and a 2009 revised plan. A neighbouring society, Shree Rasraj Heights, relied on a 2013 revised plan and argued for 323.21 sq m. Its building had been constructed using 5,028 sq m of additional transferable development rights (TDR) and incentive FSI. In July 2026 the High Court had already set aside a January 2026 corrigendum that tried to fix the share, because an authority cannot decide a disputed entitlement through a corrigendum.

What the court held

• The authority must issue a fresh certificate covering the 2,625.84 sq m land, the building and the 463.38 sq m recreation-ground share, with corrected land descriptions; the court indicated this should preferably be done within two months.
• The entitlement crystallised shortly after the society's 1991 registration, so the respondents could not accept the earlier plan for the land and rely on the later 2013 plan for the recreation ground.
• Delay, the benefit already taken under the 2017 order and finality of earlier proceedings did not bar the society, because duties under the Maharashtra Ownership Flats Act, 1963 create a continuing cause of action.
• The parties are to appear before the authority on 17 November 2026; the society may then register a rectification deed and have revenue records corrected.

What this means for housing societies

• Check whether your deemed conveyance order states the exact area of common amenities such as recreation grounds; a general mention of an undivided interest may not be enough.
• Later builder-side plan revisions or TDR use on adjoining plots do not automatically reduce a share fixed by the original layout, according to this ruling.
• If an order is incomplete, a court challenge to correct it may still be possible despite earlier acceptance, as this judgment treats the cause of action as continuing.
• Keep the sanctioned layouts, revised plans and the conveyance order together for use in any rectification proceeding.

The details above are taken from a news report of the judgment, not the judgment text itself; societies should read the order or consult a legal professional before relying on it. The next date to note is 17 November 2026, when the parties appear before the authority.