Maharashtra to Revise MOFA, Ensuring Easier Conveyance for RERA Projects

The Maharashtra government has proposed a crucial amendment to the Maharashtra Ownership of Flats Act (MOFA) to make conveyance easier for housing societies formed under RERA-registered projects. The move aims to extend the protection of deemed conveyance to buildings constructed after 2016, ensuring that even newer housing societies can claim ownership of their land if developers fail to hand over conveyance deeds.

Despite opposition from certain developer groups, the government intends to make MOFA more stringent, reaffirming its commitment to protecting homebuyers’ interests.

What the Amendment Proposes

Under the proposed change, conveyance deed provisions for RERA-registered projects will be incorporated under the Maharashtra Ownership of Flats Act (MOFA). Currently, MOFA covers only buildings constructed before 2016, leaving post-RERA projects without similar protection.

Once enacted, the amendment will enable housing societies of RERA-era buildings to obtain deemed conveyance, a legal mechanism that transfers land ownership from developers to societies if builders fail to act within the stipulated period.

According to officials, the proposal has already been sent to the Law and Judiciary Department for vetting and will soon be tabled before the state legislature.

Also Read: MoFA vs RERA: Why Maharashtra Government Is Considering Repealing MoFA

Understanding MOFA and Its Importance

Enacted in 1963, the Maharashtra Ownership of Flats Act (MOFA) is one of India’s earliest housing laws aimed at protecting flat purchasers from malpractices by builders. It mandates developers to disclose project details, hand over possession within promised timelines, and execute conveyance deeds transferring land ownership to housing societies.

A critical provision under MOFA is deemed a conveyance process where, if a builder fails to execute the conveyance deed within a fixed time frame, societies can legally secure ownership through the competent authority. This provision ensures that homeowners have full legal rights over the land on which their buildings stand, a fundamental aspect for redevelopment, financing, and long-term security.

The Gap Created After RERA (2016)

When the Real Estate (Regulation and Development) Act (RERA) came into effect in 2016, it introduced comprehensive regulation for new housing projects. However, RERA did not include provisions for deemed conveyance.

Unlike MOFA, which mandates the builder to hand over conveyance within three months of receiving the Occupation Certificate (OC), RERA lacks clear timelines and penalties for failure to do so. Moreover, RERA has no provision for criminal action against developers, limiting its enforcement strength.

As a result, many societies formed after 2016 find themselves in a grey area regulated under RERA for project development, but unprotected under MOFA when it comes to actual land ownership.

Why the Amendment Matters for Flat Owners and Societies

For hundreds of housing societies formed after RERA, the absence of deemed conveyance provisions has created legal and practical hurdles. Without a conveyance deed, societies cannot initiate redevelopment, obtain loans, or exercise full ownership rights over their premises.

The proposed amendment to the Maharashtra Ownership of Flats Act (MOFA) seeks to bridge this gap. By extending deemed conveyance rights to RERA-registered projects, it empowers homeowners to take control of their property once the building is complete.

This move is particularly important for Mumbai and other urban areas where redevelopment is key to maintaining housing stock. The amendment will not only simplify conveyance for newer flats but also enhance transparency and reduce disputes between societies and builders.

Expert and Official Viewpoints

A senior Mantralaya official confirmed that aligning MOFA and RERA is essential to ensure continuity in consumer protection. “Many projects completed under RERA have not received conveyance, and without this amendment, societies have no legal recourse,” the official said.

Former Housing Secretary Sitaram Kunte welcomed the move, calling it “a much-needed step to provide relief to thousands of flat owners.” He added that the lack of a conveyance mechanism under RERA made such an amendment necessary.

Pankaj Kapoor, Managing Director of Liases Foras, echoed similar sentiments. He noted that once a project receives an Occupation Certificate, it falls outside RERA’s active jurisdiction making MOFA protection critical. “Builders often avoid handing over conveyance to retain control, but this amendment will restore the balance in favor of homeowners,” he said.

Builders’ Opposition and the Government’s Stance

The builders’ lobby has consistently argued that MOFA should be repealed since RERA covers most real estate regulations. However, the Housing Department has strongly opposed this view. In fact, in 2023, it submitted an affidavit reaffirming MOFA’s continued relevance.

Officials clarified that RERA, being a central Act, cannot be amended by the state to include deemed conveyance provisions. Hence, the amendment to MOFA is a practical way to fill the legislative void.

The state government maintains that MOFA and RERA are complementary with RERA focusing on project regulation and MOFA ensuring consumer protection and property ownership rights.

Broader Impact: Strengthening Housing Rights and Redevelopment Prospects

If approved, the amendment could streamline conveyance procedures for thousands of post-2016 housing societies across Maharashtra. It would empower them to obtain legal ownership of their land, enabling smoother redevelopment and maintenance operations.

For cities like Mumbai, Pune, and Thane where aging housing stock and limited space drive redevelopment this change will significantly impact long-term housing policy. It reinforces Maharashtra’s reputation as a pioneer in housing legislation, balancing market growth with consumer rights.

Also Read: Pune Real Estate Reports 39% Decline in Sales, ₹527 Crore Stamp Duty in Oct 2025

Policy Significance and Next Steps

The proposed amendment reflects Maharashtra’s broader effort to modernize property laws and strengthen urban governance. Once cleared by the Law and Judiciary Department, it will be tabled in the state legislature for approval.

Experts believe that if implemented successfully, Maharashtra’s model could guide other states in harmonizing their housing laws with RERA, ensuring that homeowners across India enjoy clear and enforceable property rights.

Conclusion

The government’s decision to amend the Maharashtra Ownership of Flats Act (MOFA) marks a vital step toward ensuring fairness and accountability in the housing sector. It restores the legal protection of deemed conveyance for societies formed after RERA, ensuring that homeowners of newer flats enjoy the same rights as those in older buildings.

By reinforcing MOFA rather than repealing it, Maharashtra signals its commitment to protecting end-user interests strengthening confidence, transparency, and long-term trust in its real estate ecosystem.