Browsing Tag

homebuyer rights

79 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.

⚡ 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.
MahaRERA rules builder's one-sided termination — issued 4 years after homebuyers' complaint — cannot cancel statutory delay interest rights under RERA while project incomplete, granting interest from Jan 2022 till possession with OC in Ruparel Skygreens I case.

RERA Can’t Guarantee Delivery: MahaRERA Orders Justice After 5-Year Delay

A MahaRERA order highlights that RERA registration does not ensure timely possession. After a five-year legal fight, a homebuyer secured a refund with interest as the authority found the developer guilty of defaulting even after signing the agreement post-RERA implementation.
In a landmark ruling, the Bombay High Court has cleared the path for the BMC to take direct control of a Malad East slum rehabilitation project, rehabilitating eligible dwellers at its own expense after cancelling a private developer's NOC for non-compliance. The decision prioritizes public amenities on civic land and highlights landowner rights in Mumbai's redevelopment landscape.

Transit Rent Default Can Cost Builders Their Personal Assets, Bombay HC Signals in Strong Order

The Bombay High Court has ruled that developers who default on paying transit rent to slum dwellers can now have dues recovered from their personal assets, thanks to the newly inserted Section 33B. Calling for strict implementation, the Court directed SRA to decide transit rent complaints within 15 days and ensure immediate disbursal with interest.
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.

Homebuyers Come Before Banks: MahaRERA Pulls Bank For Ignoring Homebuyers While Lending Money to Builder

In a landmark ruling in the Ashish Sea View case, MahaRERA has declared that homebuyer rights take precedence over banks’ SARFAESI claims. The authority criticised lenders for failing to verify third-party rights and directed them to conduct thorough due diligence before granting project loans. The order significantly strengthens protections for Maharashtra homebuyers.
MahaRERA has clearly defined which types of parking developers can legally sell. Open parking is a common area and cannot be sold, while covered parking and garages are saleable. This guide explains what every homebuyer must know before buying a flat.

Can Developers Sell Parking to Homebuyers?

MahaRERA has clearly defined which types of parking developers can legally sell. Open parking is a common area and cannot be sold, while covered parking and garages are saleable. This guide explains what every homebuyer must know before buying a flat.