Flat Ownership Act (Mofa)
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I. Introduction
1.1 The Maharashtra Ownership Flats(Regulation of the Promotion, Construction, Sale, Management and Transfer)Act,1963(“the MOFA”)has been enacted to regulate the promotion, construction, sale, management and transfer of flats sold on an ownership basis within the State of Maharashtra. The MOFA is an important piece of legislation as it lays down the responsibilities of real estate developers / builders in respect to flats sold by them and conversely the rights of flat purchasers within the State.

II. Important Definitions
The MOFA lays down certain important definitions.

2.1 Flat
The MOFA defines the term to mean:
a) A separate and self-contained premises,
b) Which is used or is intended to be used as a Residence, office, show-room, shop, godown, carrying on of any industry or business Including a garage. c ) And the premises forms part of a building.

The term flat also includes an apartment. The Explanation to the definition provides that even if a separate bathing, washing, sanitary, etc. arrangement is made between two or more premises, they shall be deemed to be separate and self-contained.

Thus, in order to be construed to be a flat, all the above ingredients must be fulfilled. This is an important definition because if a premises is not regarded as a flat the provisions of the MOFA do not apply. A common misconception is that the provisions of the MOFA only apply to residential premises.

2.2 Promoter
The second most important definition is that of the term “promoter”. It is defined to mean a person:
a) Who constructs or causes to be constructed.
b) A block or building of flats or apartments.
c) For selling all or any of them to a Company, Co-operative Society, Association of Persons .

All the three limbs of the definition are important and all