No Conveyance From the Builder? MOFA Section 11A Opens Deemed Conveyance for Mumbai RERA Projects

1 May 2016. That is the date from which Maharashtra has written a new deemed conveyance route for RERA-registered housing projects into its 1963 flat ownership law. For a Mumbai society whose builder has not transferred the land and building, the change answers a question that had been argued over for years: can the old MOFA remedy be used in a project registered under the newer RERA Act?

The answer, in the bill as passed by the Maharashtra Legislative Assembly and Legislative Council on 13 December 2025, is yes. The Maharashtra Ownership Flats (Amendment and Validation) Bill, 2025 inserted a new section 11A, and TeamLease RegTech's legal update lists it as Maharashtra Act No. LXV of 2025.

The short answer. Section 11A says that if the promoter of a RERA-registered project fails to execute the registered conveyance deed due under section 17 of the RERA Act and rule 9 of Maharashtra's RERA rules, the allottee or the association of allottees may apply to the Competent Authority for a unilateral deemed conveyance, following MOFA's section 11(3) procedure. A new section 1A says MOFA otherwise does not apply to RERA projects, except sections 5A, 11A, 13B, 13C, 13D and the Competent Authority provisions. Both are deemed to have applied from 1 May 2016, and a validation clause protects deemed conveyances already granted. The trade-off: the route is now clearer, but it is still an application with documents to a Competent Authority, and a society has to organise and fund it.

What exactly does section 11A say?

Section 11A(1) applies where the promoter of a real estate project registered under the RERA Act fails to execute a registered conveyance deed in favour of the allottee or the association of allottees under section 17 of that Act and sub-rules (2) and (3) of rule 9 of the Maharashtra RERA rules of 2017. In that case, the allottee or association is entitled to have a unilateral deemed conveyance executed in its favour, similar to the conveyance under section 17, and to have it registered.

For that purpose, the allottee or association may apply with relevant documents to the Competent Authority, as per the procedure in section 11(3) of MOFA. Section 11A(2) says sub-sections (4) and (5) of section 11 and the relevant provisions of unilateral deemed conveyance in MOFA apply to such applications with the necessary changes.

In short, the existing MOFA machinery for deemed conveyance now expressly extends to RERA-registered projects. We have reported several Bombay High Court rulings on how that machinery works, including the Sterling Apartment case in Andheri.

Why did Maharashtra need this amendment?

The Statement of Objects and Reasons in the bill as introduced on 12 December 2025 sets out the background. Section 11(1) of MOFA requires the promoter to convey title to the society, company or association within the agreed period or, failing that, within four months from the date the society or company is registered or the association is constituted. If the promoter fails, members can apply under section 11(3) for a unilateral deemed conveyance.

Section 17 of the RERA Act requires a registered conveyance deed within the period under local laws or, in the absence of local law, within three months from the date of the occupancy certificate. Rule 9(4) of the Maharashtra RERA rules entitles societies and associations to a unilateral deemed conveyance under MOFA, and section 88 of the RERA Act says that Act is in addition to other laws.

The statement says Competent Authorities had been granting deemed conveyances on this basis, that several societies still have no conveyance, and that societies need conveyance of land or building for redevelopment. The amendment was proposed to bring clarity and make express provision for RERA projects.

Does MOFA still apply to RERA projects at all?

Only for a short list of provisions. The new section 1A says the Act shall not apply to real estate projects to which the RERA Act applies, except sections 5A, 11A, 13B, 13C, 13D and other provisions relating to the Competent Authority. It is deemed to have been inserted with effect from 1 May 2016.

For a buyer, that means the RERA Act and MahaRERA remain the main framework for a registered project's obligations. We covered those obligations at handover in our guide to taking possession of a Mumbai flat under section 17. MOFA's role in such projects is now expressly confined to the listed sections, with deemed conveyance the one that matters most to a society.

How do the MOFA and RERA conveyance clocks compare?

They start from different events. As the bill's statement describes them, MOFA's section 11(1) clock runs from the registration of the society or company, or the constitution of the association, and allows the agreed period or four months. Section 17 of the RERA Act, absent a local law, runs from the occupancy certificate and allows three months.

A worked illustration with dates we have chosen: if an occupancy certificate is issued on 1 March 2026 and no local law sets a different period, the three-month RERA window would close on 1 June 2026. In an older non-RERA building whose society was registered on 1 January 2026, MOFA's four-month window would close on 1 May 2026, unless the agreement fixes another period. Section 11A matters to the first building; the original section 11 continues to serve the second.

Either way, the society needs the starting document, an occupancy certificate or a registration certificate, to show when the clock began. Without it, an application is harder to make.

What does the validation clause protect?

Clause 5 of the bill says that, notwithstanding any judgment, decree or order of any court or authority, anything done under MOFA before the amendment, including any notification, order, notice or circular, rules, deemed conveyance executed and registered, decisions, proceedings and orders or directions of the Competent Authority or the registration officer, is deemed always to have been validly done, as if the amended Act had been in force at all material times.

It adds that no suit, prosecution or other legal proceeding shall lie in any court, tribunal or authority on the ground that MOFA did not, before the amendment, provide for unilateral deemed conveyance in RERA-registered projects. For societies that already hold a deemed conveyance in a RERA project, that is the most important line in the bill.

How does a society actually use section 11A?

Section 11A points back to the procedure in MOFA section 11(3): an application with relevant documents to the Competent Authority, with sub-sections (4) and (5) of section 11 applying. The bill does not list the documents, so check the current requirements with the Competent Authority's office before you file.

A practical timeline helps. Under section 17 of the RERA Act, as summarised in the bill's statement, conveyance is due within the period under local law or, absent local law, within three months from the occupancy certificate. If that period passes without a registered conveyance, the society or association has the trigger section 11A describes. If you are buying into a newer RERA project such as Prestige Horizon Heights in Thane, ask at the agreement stage how and when the promoter plans to convey.

What should a Mumbai buyer or society do now?

Whether you are buying a resale flat in a RERA-era building or sitting on a society committee, these seven steps apply:

1. Check whether the project is registered under the RERA Act, since section 11A applies only to registered projects.
2. Find the occupancy certificate date and the conveyance period stated in your agreement for sale.
3. Ask the society or association whether a conveyance deed, or a deemed conveyance, has been registered.
4. If not, list the documents the society holds, such as agreements, plans and the occupancy certificate, before approaching the Competent Authority.
5. Confirm the Competent Authority's current document checklist and fee before filing under section 11(3).
6. For a resale purchase, treat a missing conveyance as a title question and ask your lawyer to review it.
7. Keep copies of the bill as passed and the Act number, since the validation clause may matter in any later dispute.

Frequently asked questions

What does MOFA section 11A do for Mumbai flat buyers?

Section 11A says that where the promoter of a RERA-registered project fails to execute a registered conveyance deed under section 17 of the RERA Act and the Maharashtra RERA rules, the allottee or association may apply to the Competent Authority for a unilateral deemed conveyance, using the procedure in MOFA section 11(3).

From when does the MOFA deemed conveyance amendment apply?

The bill passed by the Maharashtra Legislative Assembly and Council on 13 December 2025 says the new sections 1A and 11A, and the change to section 5A, are deemed to have been inserted or substituted with effect from 1 May 2016, the date it names for these provisions.

Does MOFA still apply to RERA-registered projects in Maharashtra?

Only in part. The new section 1A says MOFA shall not apply to real estate projects to which the RERA Act applies, except sections 5A, 11A, 13B, 13C, 13D and other provisions relating to the Competent Authority, with effect from 1 May 2016.

Are deemed conveyances granted before the amendment still valid?

The validation clause in the amending bill says deemed conveyances executed and registered, and orders and proceedings of the Competent Authority under MOFA before the amendment, are deemed to have been validly done, and that no legal proceedings shall lie on the ground that MOFA did not earlier provide for RERA projects.

This article summarises the Maharashtra Ownership Flats (Amendment and Validation) Bill, 2025 as passed by the Maharashtra Legislature, for information. It is not legal advice; consult a lawyer on your society's or your own position.

Last updated 2026-11-12. PropNewz Team.