Browsing Tag

homebuyers rights

28 posts
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.
In a landmark ruling, the Maharashtra Real Estate Appellate Tribunal has directed Omkar Realtors to refund ₹7.69 crore plus interest from 2016 to a family for a flat in the stalled Omkar 1973 project, overturning MahaRERA’s order that denied interest and allowed a 2% deduction.

Flat Delayed, Money Stuck? 98 Mumbai Buyers Dragged the Builder to Bankruptcy Court – Here’s How Section 7 Saved Them

In the Avenue 54 case, NCLAT upheld homebuyers’ right to file insolvency petitions via associations, provided proper authorizations are in place. This article explains Section 7 of IBC, who can use it, and why it’s a powerful tool against errant builders.
The Bombay High Court has cancelled the registration of a proposed housing society after ruling that the Registrar approved it without providing required legal reasoning. Calling the order arbitrary and illegal, the court has directed a fresh hearing with full transparency.

This Housing Society Lost Its Registration, Read To Know Why?

The Bombay High Court has cancelled the registration of a proposed housing society after ruling that the Registrar approved it without providing required legal reasoning. Calling the order arbitrary and illegal, the court has directed a fresh hearing with full transparency.
The Rais booked a flat in 2013, paid ₹79 lakh, and were promised possession by December 2017. What followed was a developer collapse, a project takeover, a majority consent exercise they never agreed to — and a regulator that told them to cooperate. The tribunal disagreed.

🏠 Possession Refusal Considered Buyer’s Default: MahaRERA Sends Strong Message to Homebuyers

In a landmark ruling, MahaRERA held that homebuyers who refuse possession of ready flats cannot claim refunds or compensation. Once the project is complete and OC is obtained, the buyer must take possession — or risk being held in default.
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 Must Allow In-Person Hearings Too, Rules Bombay High CourtVirtual-only model no longer acceptable; hybrid system mandatory within four weeks

In a major boost for homebuyers, the Bombay High Court has ordered MahaRERA to start hybrid hearings, giving litigants the choice to appear physically or virtually. The court criticized the Authority’s virtual-only model and directed urgent reforms in how real estate cases and execution matters are handled.