Bombay High Court
MR. CHANDRAMOHAN BHASKAR VAISHAMPAYAN AND ANRversusCHINTAMAN BHUVAN CO-OP. HSG. SOC. LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
A registered deed of conveyance prevails over a certificate of unilateral deemed conveyance and governs the parties' rights.
Summary
The petitioners, owners of building ‘A’, challenged a 3 July 2019 order by the District Deputy Registrar, Co-operative Societies, Thane, which granted a certificate of unilateral deemed conveyance of the entire 539.30 sq.m. land to the respondent cooperative society. They argued that the conveyance ignored their ownership rights in building ‘A’. The respondent society produced a registered Deed of Conveyance showing that the petitioners were allotted a 21.20% share of the development potential, while the society retained 78.80%. The Court held that the registered deed, being a proper instrument of conveyance, supersedes the unilateral deemed conveyance certificate. Consequently, the Court ordered the revenue authority to correct the land records in accordance with the deed and disposed of the writ petition.
Issues considered
- What is the effect of a certificate of unilateral deemed conveyance when a registered deed of conveyance exists allocating specific shares of development potential?
Subjects
- Co-operative Societies Act
- Unilateral Deemed Conveyance
- Registered Deed of Conveyance
- Land Revenue Records
- Development Potential Share
- Cooperative Housing Society
Judgment
2026:BHC-AS:36821
Megha 905_wp_912_2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.912 OF 2020
Chandramohan Bhaskar Vaishampayan
and Anr. ...Petitioners
V/s.
Chintaman Bhuvan Co-op. Hsg. Soc.
Ltd. and Ors. ...Respondents
________________
Mr. Ram Apte, Senior Advocate with Mr. Mayuresh S. Lagu i/b. Mr. Sagar
Patil for the Petitioner.
Mr. Sandesh Deshpande with Ms. Priti Karande and Ms. Manjavi
Chaudhari for Respondent No.1
Mr. S.L. Babar, AGP for Respondent -State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 8 SEPTEMBER 2026.
P.C.:
1) Challenge in the present Petition is to the order dated 3 July 2019
passed by the District Deputy Registrar, Co-operative Societies, Thane
and Competent Authority (Competent Authority) granting certificate of
Unilateral Deemed Conveyance of land admeasuring 539.30 sq.mtrs. The
objection of the Petitioners is that they own a structure named building
‘A’ and that in ignorance of that fact the Competent Authority has
conveyed the entire land in favour of Respondent No.1-Society.
Page No.1 of 2
8 September 2026
Megha 905_wp_912_2020
2) Mr. Deshpande, the learned counsel appearing for Respondent
No.1-Society invites attention of this Court to registered Deed of
Conveyance executed in pursuance of Certificate dated 3 July 2019. He
fairly makes a statement that contrary to the certificate of Deemed
Conveyance, Respondent No.1 has reserved FSI and development
potential of 1703.03 sq.mtrs for the Petitioners pertaining to building ‘A’.
3) Perusal of the registered Deed of Assignment would indicate that
assigners of building ‘A’ (Petitioners) shall own 21.20% share in the
development potential of the land whereas right of Respondent No.1-
Society are conveyed only to the extent of 78.80% . This takes care of the
grievance raised in the Petition. It is accordingly clarified that
arrangement in terms of registered Deed of Conveyance shall prevail
over certificate of unilateral deemed conveyance dated 3 July 2019.
4) Writ Petition is accordingly disposed of. Revenue Authority shall
consequently effect corrections in the revenue records in accordance
with the registered Deed of Conveyance.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 8 September 2026
Date: 08/09/2026 15:19:05
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