Browsing Tag

housing society

17 posts
In a scathing order, Bombay HC has exposed CIDCO’s 37-year-old “forgotten land” scandal in Navi Mumbai and ordered fresh acquisition under the 2013 Act with full compensation — a landmark blow for property rights.

Developer’s Residual Rights in a Real Estate Project and How it Impacts Homebuyers

In a significant ruling, the Bombay High Court quashed a unilateral deemed conveyance order, emphasizing the need for independent architect verification in multi-building layouts. The December 23, 2025 judgment in Velantine Properties highlights the tension between developers’ residual rights to unused land and FSI, and homebuyers’ demand for timely property transfer under MOFA—illustrating why clear contracts and fair assessments are crucial for both sides.
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

Bombay High Court Limits Registrar’s Role – Complex Housing Society Disputes Must Go to Proper Forums

The Bombay High Court has limited the Registrar’s powers in cooperative housing disputes, ruling that complex issues like succession and document validity must be handled by courts, not administrative bodies. In quashing a 2018 order substituting a member’s name, the court restored the status quo in a decades-old case, highlighting jurisdictional overreach.
The Bombay High Court has held that homebuyers who purchased flats through a terminated developer cannot assert any rights against the housing society or new developer, reaffirming legal precedents on redevelopment disputes.

Bombay High Court: Flat Buyers In Redevelopment Project Can’t Claim Rights Against Society After Developer’s Termination

The Bombay High Court has held that homebuyers who purchased flats through a terminated developer cannot assert any rights against the housing society or new developer, reaffirming legal precedents on redevelopment disputes.
The Maharashtra Real Estate Appellate Tribunal (MahaREAT) set aside a MahaRERA order, ruling that a cooperative housing society that terminates a developer and undertakes self-redevelopment is not a 'Promoter' under RERA and is not liable for the former developer's debts or obligations to third-party allottees.

MahaREAT Landmark Ruling: Housing Societies Not Automatically ‘Promoter’ for Erstwhile Developer’s Liabilities

The Maharashtra Real Estate Appellate Tribunal (MahaREAT) set aside a MahaRERA order, ruling that a cooperative housing society that terminates a developer and undertakes self-redevelopment is not a ‘Promoter’ under RERA and is not liable for the former developer’s debts or obligations to third-party allottees.
The Bihar RERA has fined a developer ₹1 lakh for displaying "Coming Soon" posters and online ads for an unregistered project, holding that even minimal promotions violate Section 3 of the RERA Act and defeat buyer protection goals.

Not Just Developers! Tribunal Says Society is Also a Promoter Under RERA

In a major ruling, the Maharashtra Real Estate Appellate Tribunal held that a society redeveloping its own property after terminating the builder is also a “promoter” under RERA — making it liable to compensate flat buyers and requiring it to deposit funds before appealing.