The Government of Maharashtra on December 31, 2025, issued the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) (Amendment and Validation) Act, 2025 to further amend the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963.
The following amendments have been stated:
• After section 1 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963, the following section shall be inserted and shall be deemed to have been inserted with effect from May 01, 2016, namely:-
"1A. This Act shall not apply to the real estate projects to which the Real Estate (Regulation and Development) Act, 2016 is applicable, except sections 5A, 11A, 13B, 13C, 13D and other provisions relating to the Competent Authority.".
• In section 5A of the principal Act, for the word and figures "and 11" the figures, word and letter ", 11 and 11A" shall be substituted and shall be deemed to have been substituted with effect from May 01, 2016.
• After section 11 of the principal Act, the following section shall be inserted and shall be deemed to have been inserted with effect from May 01, 2016, namely :-
"11A.(1) Where the promoter of a real estate project which is registered under the Real Estate (Regulation and Development) Act, 2016 fails to execute a registered conveyance deed in favour of the allottee or the association of allottees under section 17 thereof and sub-rules (2) and (3) of rule 9 of the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents, rates of interest and disclosure on website) Rules, 2017, then, the allottee or the association of allottees shall be entitled to have a unilateral deemed conveyance executed in their favour similar to the conveyance as provided under the said section 17 and to have it registered and for that purpose, may apply alongwith relevant documents to the Competent Authority as per the procedure specified in sub-section (3) of section 11 of this Act.
(2) The provisions of sub-sections (4) and (5) of section 11 and relevant provisions of unilateral deemed conveyance under this Act shall mutatis mutandis apply to such applications for grant of deemed conveyance.".
[MAHARASHTRA ACT No. LXV OF 2025]
