Browsing Tag

homebuyer rights

68 posts
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

MahaRERA Tribunal Holds Ex-Partner as ‘Promoter’, Affirms Allottee’s Rights in RERA Battle

In a key ruling, the MahaRERA Appellate Tribunal has held a former partner in a real estate firm to be a ‘promoter’ under the RERA Act, rejecting his plea to waive the mandatory pre-deposit before appeal. The decision affirms the rights of an allottee in a delayed possession dispute and reinforces the legal safeguards built into RERA.
In a landmark decision, the Maharashtra Real Estate Appellate Tribunal ruled that developers cannot cancel registered sale agreements merely because of delayed payments — a major win for Indian homebuyers and a strong reinforcement of legal protections under RERA and property law.

Indiabulls Sky Forest Case: Landmark RERA Ruling Orders Developer to Issue Full Refunds with Interest

The Maharashtra Real Estate Appellate Tribunal has issued a pivotal ruling in the Indiabulls Sky Forest case, directing the developer to provide homebuyers full refunds with interest, notably calculating interest on a significant portion from the original payment dates. This decision underscores RERA’s strength in safeguarding consumers against project delays.
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.

Developer Faces Property Attachment for Ignoring MahaRERA Payment Order

In a major win for homebuyers, the Mumbai Collector has issued a notice to attach and auction the properties of Desai Residency Pvt. Ltd. for ignoring a MahaRERA compensation order. Under Section 267 of the Maharashtra Land Revenue Code, authorities can seize movable and immovable assets to recover over ₹42 lakh in dues.
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 Full Refund with Interest to Homebuyer for Possession Delay

In a significant win for homebuyers, MahaRERA has ruled in favor of a complainant against Viijcon Properties for failing to deliver possession in the Viijcon Cellandine project. The authority ordered a full refund with interest, while dismissing three other complaints due to lack of valid promoter-allottee relationships or incomplete documentation.
In a blow to real estate borrowers, the Bombay High Court has ruled that a single mortgage securing multiple loans counts as separate transactions, forcing Mumbai developer Neepa Real Estates to pay an extra ₹72 lakh in stamp duty and penalties on ₹625 crore worth of loans.

Redevelopment May Cost You Your Flat! MahaRERA Dismisses Buyer’s Claim in Tagore Nagar Project

In a critical ruling, MahaRERA has dismissed a homebuyer’s claim to flats promised by an earlier builder in Mumbai’s Tagore Nagar redevelopment. The case underlines the risks buyers face in projects where developer control has changed. Experts urge caution and legal checks before investing in such ventures.