Browsing Tag

homebuyer rights

68 posts
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.
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.

Carpet Area Changes: What MahaRERA Rules Actually Say — A Simple Explainer for Homebuyers

A new MahaRERA order reiterates key rules on carpet area variation, the 3% permissible limit, and refund obligations. Here’s a simple explainer on how builders must confirm final area after OC and what rights homebuyers can exercise if the area changes.
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.

⚡ Builder Sold Flat… Then Mortgaged It! MahaRERA Tribunal; Says Builder Must Clear Mortgage, Give Possession & Pay Interest

MahaREAT has upheld a MahaRERA order directing Lokhandwala Kataria Construction to clear an illegal mortgage, hand over OC-backed possession, and pay delay interest to homebuyer Faisal Sabir Rashid. The builder had mortgaged the flat after selling it, violating RERA. The appellate ruling makes the 2024 order final and enforceable.