Browsing Tag

homebuyer rights

125 posts
In a ruling that empowers dissenting flat owners, Bombay High Court refuses to appoint arbitrator against a Mulund resident who never signed the redevelopment deal — builders can't force private arbitration if you say no from day one.

Bombay High Court Halts Mumbai Society Redevelopment, Upholds Homebuyer’s Claim to Extra 900 Sq Ft Space: A Must-Read for Flat Owners Facing Rebuilds

In a boost for Mumbai homebuyers with historical property rights, the Bombay High Court has temporarily stopped a Bandra society’s redevelopment plans, enforcing a 31-year-old covenant granting a flat owner extra 900 sq ft space. The case highlights the enduring power of old deeds in modern rebuilds.
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.

Housing Society Treated as Promoter in Redevelopment Dispute If It Shares..

In a key redevelopment ruling, the Maharashtra Real Estate Appellate Tribunal has held that housing societies sharing FSI or constructed area with developers can be treated as promoters under RERA and held liable to homebuyers for delay.
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.

MahaRERA Stops Lender’s Bid to ‘Hijack’ Stalled Project: IIFL’s Promoter Change Plea Rejected

In a decisive blow to lender overreach, MahaRERA dismissed IIFL’s plea to revoke Shreeji Enterprises’ role in the stalled Woodshire project, emphasizing RERA’s focus on allottees over private disputes. The order also grants partial relief to a homebuyer, probes potential double sales, and imposes a project freeze, highlighting ongoing challenges in India’s real estate sector.
Bombay HC upholds deemed conveyance for Malad jewellery market society after 17-yr wait, rules MOFA agreements prevail over lease claims by Nusli Wadia & Raheja group entities. Justice Borkar dismisses writs.

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.
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.

“Fit-Out Possession” Declared Legally Invalid Without OC: MahaRERA Rules in Favor of Delayed Homebuyers

In a landmark MahaRERA ruling, “fit-out possession” without OC is deemed legally invalid, holding promoters liable for delays in a Vasai housing project. Homebuyers awarded interest from Dec 2018, deferred till OC, highlighting RERA’s balance between buyer relief and project viability.