Applicability of mofa 1963 or apartment act 1970
shoaib
(Querist) 09 January 2014
This query is : Resolved
Sir,
If a builder of Nagpur execute deed of declaration as per Maharashtra Apartment Ownership Act 1970 whether it(builder) will be governed by MOFA 1963.
As in case of Ownership Flat Act, there will be registration of co-op society or Pvt. Ltd Company as contemplated under section 10 of MOF Act and in case of Apartment Ownership Act declaration is required to be made in prescribed form before the Magistrate as required under the Act.
In MOFA 1963 builder is required to execute agreement with purchaser and sale deed in favour of society whereas in case of MAOA 1970 both agreement and sale deed in favour of purchaser is required to be executed and registered.
So when the builder of Rural Nagpur(Maharashtra) has registered DOD as per MAOA 1970 whether MOFA 1963 is applicable in him? kindly guide with judicial pronouncement.
ajay sethi
(Expert) 10 January 2014
for citations visit indian kanoon .com .
in your case MAOA act would be applicable and not MOFA Act
Thyagarajan
(Expert) 10 January 2014
Usually society comes into picture when all apartments are sold and the association of apartments register it with society. Direct builder to society relations are mostly non-existent.
Rajendra K Goyal
(Expert) 10 January 2014
Consult a local lawyer, for citation search indiankanoon.com.
T. Kalaiselvan, Advocate 
(Expert) 13 January 2014
Youhave an answer n hour own question : So when the builder of Rural Nagpur(Maharashtra) has registered DOD as per MAOA 1970 whether MOFA 1963 is applicable in him?
so the DOD was registered under MAOA Act, 1970, where is the question of applicability of MOFA 1963?
