Maharashtra ownership of flat act 1963 mofa
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Maharashtra Ownership of Flat Act 1963(MOFA) - PowerPoint PPT Presentation

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According to a recent circular, issued by The Maharashtra State Police Department, the Government has implemented an addendum to The Maharashtra Ownership Flat Act-1963 ( MOFA) & the MRTP Act 1966. According to the circular, builders are liable to be jailed for 3 years, 5 years or 9 years depending upon the nature of violation of the Act.\n

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Some of the violations on which the police can act
Some of the violations on which the police can act:

  • Possession of flat is delayed

  • OC not obtained before the date of possession

  • BMC approval plan not displayed at the site

  • On receipt of 20% of cost of flat, if the agreement is not executed

  • The Act says that the entire amount collected by the builder under different heads other than the cost of the apartment, needs to be kept in a separate account.

  • If the construction is not as per the approved plan

  • If the application 4 formation is not put up within 4 months of giving possession.

  • If the conveyance of land & building is not done within 4 months of registration of the society

Why these violations happen
Why these violations happen:

  • Builders give over optimistic project completion time – lines to obtain faster sales.

    • As a result, Owners have to keep paying EMIs or maybe rent which causes financial issues.

  • The Builder also raises extra floors which are not included in the approved plan

    • As a result, Residents will not get proper occupancy certificates.

Solution :

  • The recent circular provides more power to wronged home owners for exercising their rights.

  • With Real Estate (Regulation & Development Act) 2016 (RERA) being enacted and implemented across the country and errant builders can be booked under MOFA

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