Under the existing framework, a promoter/developer is obligated to execute a conveyance deed in favor of the co-operative housing society, company, or association of flat purchasers transferring all rights, title, and interest in immovable property comprising of project land, together with the structures erected thereon. In practice, this obligation has been routinely defaulted, withholding legal ownership and thereby undermining title certainty, impeding redevelopment prospects, and depriving flat purchasers of their rights over common areas. The Government of Maharashtra has recently notified the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment and Validation) Act, 2025 (“MOFA Amendment 2025”), introducing significant reforms to the statutory framework governing the deemed conveyance mechanism. This note sets out an analytical overview of the deemed conveyance framework under MOFA and assesses the key amendments introduced by the MOFA Amendment 2025, placing particular emphasis on the rights of conveyance in projects registered under RERA.
