In a significant legal development for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has ruled that real estate developers cannot cancel registered sale agreements only on the basis of delayed payments by the buyer. The ruling came in the appeal of Selvel Publicity & Consultants Pvt. Ltd. vs. Shri Sukhakarta Developers Pvt. Ltd., where the Tribunal granted a stay on MahaRERA’s earlier order and restrained the promoter from creating any third-party rights in the disputed flat.
The Tribunal’s decision, delivered on 8 January 2026, stems from a dispute where the developer had purported to terminate the agreement for sale, alleging persistent payment defaults by the buyer. However, the buyer had already paid 95% of the total consideration, and the Tribunal held that non-payment of a part of the price cannot justify cancellation of a registered agreement under the law.
Supreme Court Principles Applied
In its reasoning, the Tribunal relied on established Supreme Court principles showing that the essence of a sale is the transfer of ownership, and cancellation cannot be justified merely on payment issues. As per Supreme Court precedents cited in the order:
- Actual payment of the whole price is not necessary for the completion of a sale once ownership transfer is intended and registered.
- Even if part of the sale consideration remains unpaid, cancellation is not an automatic legal remedy for the developer.
- The correct remedy for unpaid dues would be for the developer to seek legal recovery of the balance amount, not to rescind the sale agreement.
This legal interpretation reinforces the protection of homebuyers who have entered into registered agreements and paid substantial consideration, even if some payment delays have occurred.
Occupation Certificate and Possession Dispute
The dispute also involved disagreement over whether the subject flat was covered by a valid occupation certificate (OC). MahaRERA, in its impugned order, had classified the buyer’s complaint as premature because the flat allegedly was not covered under the part OC obtained by the developer.
However, the Tribunal emphasized that in cases where an OC is disputed, the developer cannot use this as a basis to deny possession and then unilaterally cancel the agreement for sale.
Balance of Convenience Favors Homebuyer
Given that the buyer had already paid nearly the full consideration for the flat (95%), the Tribunal found that the balance of convenience lies with the buyer. It reasoned that if the developer was permitted to sell the flat to a third party, the buyer would suffer irreparable harm — a loss that could not be adequately compensated solely in monetary terms.
As a result, the Tribunal:
- Stayed the operation and execution of MahaRERA’s order dated 2 June 2023
- Directed the promoter to not create any third-party rights in the flat
- Ordered both parties to maintain status quo until the appeal is finally heard
The statute and observations made are prima facie and will be fully adjudicated at final hearing.
Legal Implications for India’s Real Estate Sector
Lawyers and industry experts are calling the order a major legal validation for homebuyers who often face threats of termination from developers on the basis of alleged payment defaults.
This ruling sends a strong message that:
- Developers must adhere to legal remedies for recovery
- They cannot use payment delays as a unilateral justification for cancellation
- Registered sale agreements enjoy strong legal protection
Analysts believe this judgment may set a powerful precedent in RERA disputes across India, particularly for those involving delayed possession, OC disputes, and payment issues.
