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Bombay High Court

167 posts
Bombay HC rules flat agreements don’t give land ownership to societies, sets aside decades-old Thane dispute.

Homebuyers Score Big in Deemed Conveyance: Court Rejects Builder’s TDR Excuse

Homebuyers score big win in deemed conveyance case: Bombay High Court rules builders cannot use TDR as excuse to deny societies their full proportionate land share.
“In a verdict that will resonate across Maharashtra, the Bombay High Court has held that the lives and safety of housing society members cannot be held hostage to a developer’s commercial interests. After 13 years of complete inaction, the Court refused to block redevelopment, declaring: the right to safe homes must prevail over builder profits.”

One Member Complaint Insufficient to Trigger Enquiry Against Managing Committee

Bombay HC holds that Registrar cannot order Section 83 enquiry solely on one member’s complaint. Independent application of mind is mandatory for suo moto action under the MCS Act.
In a strong pro-homebuyer ruling, the Bombay High Court has held that allottees who continue with a delayed project do not lose their statutory right to claim interest under Section 18 of RERA. The Court dismissed the promoter’s appeal and upheld interest from the original due date of possession.

Homebuyers Can Claim Interest for Delayed Possession Even If They Stay in the Project

In a strong pro-homebuyer ruling, the Bombay High Court has held that allottees who continue with a delayed project do not lose their statutory right to claim interest under Section 18 of RERA. The Court dismissed the promoter’s appeal and upheld interest from the original due date of possession.
Bombay HC allowed homebuyers’ ₹45 lakh refund claim against Godrej to proceed despite a long filing delay.

Deemed Conveyance Cannot Be Held Hostage By Builder to Future FSI

A Vile Parle builder’s bid to stall land conveyance citing future construction plans was called “preposterous to the core” by the High Court.
Bombay High Court directs deemed conveyance for Malad society in phased layout, ruling that contractual delays till full project completion are invalid under MOFA. Major relief for homebuyers.

Major Win for Homebuyers: HC Allows Part Conveyance in Phased Layouts

In a significant ruling that will impact thousands of housing societies built…