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Maharashtra real estate

53 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.

Individual Agreement Possession Dates Prevail Over Extended RERA Project Timelines for Calculating Delay Interest

A December 2025 MahaRERA order rules that possession dates in individual Agreements for Sale prevail over extended project timelines on the portal, entitling buyers to delay interest under Section 18—even rejecting builders’ COVID-19 extension claims for contracts signed post-pandemic.
In a powerful pro-homebuyer verdict, the Bombay High Court has held that allottees are “generally very vulnerable” and cannot be placed on equal footing with promoters, clearing the way for withdrawal of deposited refund amounts during developer appeals.

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.
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.