Browsing Tag

Delayed possession

44 posts
In a setback to the housing society, the Maharashtra State Co-operative Appellate Court has allowed renovation work for a nursing home to continue on the first floor of Mahatma Phule Bhavan CHS in Vashi, citing current UDCPR provisions that permit such facilities in residential zones. The main dispute remains pending.

Soft possession without OC is not lawful possession: MahaREAT rules in favour of homebuyer

In a major win for homebuyers, MahaREAT has ruled that “soft possession” without an Occupation Certificate does not count as lawful possession under RERA.
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.

No Possession Date in Agreement? MahaRERA Rules: Builder Must Deliver in 3 Years

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 Shree Sanket Developers to execute conveyance deed forthwith and imposes ₹50,000 penalty for violating Sections 11 & 17.

Investor Turned Flat Purchase Qualifies as ‘Allottee’ – Builder Ordered to Refund ₹20 Lakh + Interest

In a ruling that clarifies the scope of RERA protections, MahaRERA has held that an initial investment later converted into a registered flat purchase creates a valid allottee-promoter relationship, entitling the complainant to withdraw from a delayed project and claim full refund with interest, irrespective of COVID-related extensions.
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 setback to the housing society, the Maharashtra State Co-operative Appellate Court has allowed renovation work for a nursing home to continue on the first floor of Mahatma Phule Bhavan CHS in Vashi, citing current UDCPR provisions that permit such facilities in residential zones. The main dispute remains pending.

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.