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Maharashtra real estate

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In a landmark verdict, Bombay High Court has quashed orders allowing a few members to split Jay Anand Co-operative Housing Society and take separate land papers, ruling that small groups cannot force bifurcation without 75% majority consent or genuine public interest.

MahaRERA’s Rule on Housing Society Formation: A Guide for Homebuyers in Maharashtra

Under MahaRERA guidelines, developers must enable the formation of a housing society or legal entity within three months from when 51% of apartments are booked or upon receiving the Occupancy Certificate (OC). This provision, per Section 11(4)(e) of the RERA Act, empowers homebuyers by shifting control from promoters to residents.
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 Orders ₹724 Crore Recovery from Builders, Just One-Third of Amount Reached Homebuyers

MahaRERA has issued recovery warrants worth ₹724 crore against builders across Maharashtra, but only one-third of the amount has been recovered so far. Mumbai Suburban and Pune account for the largest unpaid dues, raising concerns over weak enforcement.
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.
The Bombay High Court has set aside the registration of a developer-backed co-operative housing society in a Baramati project, ruling that authorities acted illegally by bypassing a pending purchaser-led application under MOFA and creating a fait accompli.

Builder Sold Flats, Disappeared for 40 Years – Bombay High Court Finally Gives Ownership to Residents

After selling flats in the 1980s, the landowner vanished for 40 years. Residents formed their own society, paid taxes, and maintained the buildings themselves. When the original owner finally claimed the land back, Bombay High Court threw out the case with costs and declared: the residents are the real owners. A historic victory for flat buyers across Maharashtra.
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.