The state government is keen to repeal the Maharashtra Ownership of Flats Act (MOFA) so that the Real Estate (Regulation and Development) Act (RERA)—a Central law—can prevail, but experts say the former cannot be revoked as, according to the rules of MahaRERA—which was approved by the state legislature in 2017—MOFA is a state Act that allows societies to opt for deemed conveyance if the developer fails to hand over the same.

“We must understand that the state has around 1.25 lakh co-operative housing societies registered with the state co-operative department, of which nearly one lakh societies lack conveyance or deemed conveyance to date. If MOFA is repealed, these one lakh housing societies will not be able to opt for deemed conveyance. Rule No. 9 of MahaRERA categorically states that where the developers/promoters have not given the conveyance for the purpose of executing the conveyance deeds, provisions laid under MOFA should be followed. This clearly shows that the MahaRERA rules have also considered the continuity of MOFA, a state Act,” said CA Ramesh Prabhu, founder-chairman of MahaSEWA.