Browsing Tag

Delayed possession

26 posts
MahaRERA orders new developer to hand over flat and pay interest despite claiming it never received payment, holding both builders jointly liable in Mumbai Evergreen Woods case.

Refund Allowed — But Not Final: Homebuyers Must Repay If Builder Wins Appeal

The MahaRERA Appellate Tribunal has allowed homebuyers to withdraw refund amounts ordered by MahaRERA—but with a key condition: if the builder succeeds in appeal, the buyers must return the money with interest. The ruling attempts to balance buyer hardship with developer rights amid long-pending real estate disputes.
In a major win for homebuyers, MahaREAT has ruled that "soft possession" without an Occupation Certificate does not count as lawful possession under RERA.

If a Developer Takes Money and Promises Flats, He Can’t Call It ‘Just an Investment’: MahaREAT Delivers Big RERA Clarity

In a landmark ruling, MahaREAT has held that developers cannot escape RERA obligations by calling buyers “investors” when flats are promised under an MoU, overturning a controversial MahaRERA order and reinforcing homebuyer protections.
Maharashtra Real Estate Appellate Tribunal upholds RERA exemption for projects on land under 500 sq m, even with over 8 units, denying buyers access to authority remedies for possession delays. Discover the key provisions and what options remain for affected flat owners.

You Won’t Be Able to Seek RERA Relief Even If Your Builder Doesn’t Give You Possession in These Cases

Maharashtra Real Estate Appellate Tribunal upholds RERA exemption for projects on land under 500 sq m, even with over 8 units, denying buyers access to authority remedies for possession delays. Discover the key provisions and what options remain for affected flat owners.
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

Individual Agreement Possession Dates Prevail Over Extended RERA Project Timelines for Calculating Delay Interest

A December 2025 MahaRERA order rules that possession dates in individual Agreements for Sale prevail over extended project timelines on the portal, entitling buyers to delay interest under Section 18—even rejecting builders’ COVID-19 extension claims for contracts signed post-pandemic.
In a key ruling, MahaRERA held that even when an Agreement for Sale is silent on the possession date, the builder must hand over the flat within a reasonable period of three years from the agreement date — failing which, interest is payable for the delay period. The order in the Mauli Omkar project case awarded interest from March 2019 to April 2023 to complainant Sabirali Tufhel Shaikh.

MahaRERA Orders ₹724 Crore Recovery from Builders, Just One-Third of Amount Reached Homebuyers

MahaRERA has issued recovery warrants worth ₹724 crore against builders across Maharashtra, but only one-third of the amount has been recovered so far. Mumbai Suburban and Pune account for the largest unpaid dues, raising concerns over weak enforcement.