The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a crucial clarification regarding the transfer of rights and liabilities of promoters under its earlier Circulars. This clarification aims to streamline processes for promoters wishing to change their organizational structure without seeking prior approvals from allottees.

The initial circulars, dated June 4, 2019, and July 23, 2021, outlined revised procedures for transferring or assigning a promoter’s rights and liabilities to a third party. The “Explanation” section of these circulars indicated that changes in internal shareholding or the organizational structure of a promoter—which do not impact obligations to allottees—would not require approval. This includes conversions of partnership firms to LLPs, transformations of private companies to LLPs, and changes in proprietorship through succession.

However, some promoters have sought further clarification, insisting that these changes should allow for corrections in the project records without needing approval from MahaRERA.

In response, MahaRERA emphasized that the phrase “shall not require the aforementioned approvals” means that the requirement for prior written consent from two-thirds of allottees does not apply in these cases. This interpretation clarifies that the changes outlined do not constitute a transfer of the real estate project to a third party, thus alleviating the need for extensive approval processes.

MahaRERA stated, “In instances referred to under the caption ‘Explanation,’ relevant documents and particulars must be submitted, duly signed by the incoming promoter, without the need for allottee consent.”

This move is expected to facilitate smoother transitions for promoters undergoing organizational changes while ensuring that the rights of allottees remain protected. The authority’s clarification aims to enhance operational efficiency within the real estate sector, aligning with the mandates of the Real Estate (Regulation and Development) Act, 2016.

As the real estate landscape continues to evolve, MahaRERA’s proactive approach in clarifying these processes underscores its commitment to fostering a transparent and efficient regulatory environment for all stakeholders.

Also Read: After a Decade of Waiting, MahaRERA Orders Homebuyer to Settle Remaining Payment for Flat Booking

You May Also Like

Stamp Duty Refunds Now Virtually Guaranteed for Unexecuted Flat Agreements

In a relief for homebuyers, the Bombay High Court has ruled that stamp duty paid on never-signed flat agreements must be refunded in full, even years later—declaring it “unjust enrichment” for the state and prioritizing family hardships over procedural delays.

Bombay HC Removes Eldest Kilachand Son as Executor of Father’s Will After Decades of Delay

In a landmark ruling, the Bombay High Court has removed Harsh Kilachand as executor of his late father Rajnikant Kilachand’s estate, condemning years of inaction that left his mother Ramila waiting until her death in 2024 for her legacy. The court appointed an independent retired Chief Justice to administer the remaining assets, highlighting willful contempt of prior orders and breach of fiduciary duty in this long-running Mumbai family dispute.

11 Million Sq Ft Demand, 33% Supply Jump: India’s Warehousing Boom Led by 3PL Giants in Q1 2026

India’s warehousing sector grew strongly in Q1 2026 with 11 million sq ft demand, but a 33% surge in supply has pushed vacancy rates higher. 3PL companies continue to dominate, raising both opportunities and risks in the market.

ITAT Mumbai Upholds ₹47 Crore Tax Addition: Land Cost Must Be Counted in Real Estate Revenue Calculations

ITAT Mumbai has ruled that land cost must be included in real estate project cost under POCM, upholding a ₹47.26 crore tax addition against a developer. The decision impacts how builders calculate revenue in joint development projects.