Browsing Tag

MahaRERA

372 posts
The Maharashtra Real Estate Appellate Tribunal has ruled that RERA does not allow homebuyers to return a flat and seek refund after taking possession, holding that acceptance of possession closes the exit route under Section 18 of the Act.

📝 Stalled Since 2017, This Real Estate Project Gets MahaRERA Green Light After Legal Knot Unravelled

Stalled since 2017, Pune’s Marvel Basilo project has received MahaRERA’s go-ahead to resume construction and sales after key legal battles were settled. The order brings long-awaited clarity and relief to homebuyers caught in delays for nearly a decade.
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.
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 Win Back Route to MahaRERA, But Tribunal Limits Refund to Principal Only

In the stalled “Ten BKC” project case, the Appellate Tribunal has remanded the matter back to MahaRERA for execution, affirming that homebuyers will recover only their principal investment, not the interest earlier granted. The ruling underscores that IBC prevails over RERA when a developer enters insolvency.
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

Homebuyer Awarded ₹25,000 as Builder Pays Penalty to Continue Legal Fight

In a mixed verdict for homebuyers, the Maharashtra Real Estate Appellate Tribunal has ordered a developer to pay ₹25,000 to a flat owner as a penalty for filing a late appeal. While the homebuyer gets immediate compensation, the developer now gets a second chance to fight an earlier MahaRERA order that mandated interest payments for delayed possession of a flat. The ruling highlights the long and complex legal road homebuyers often face.
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

Delay Excused: Developer’s Appeal Against MahaRERA to Proceed

In a significant ruling for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has allowed a developer’s delayed appeal to proceed. The developer, Runwal Developers Pvt. Ltd., successfully argued that a long delay in challenging a MahaRERA order was due to their “bonafide” pursuit of a review application. While the court recognized the delay , it concluded there was no negligence or intentional prolonging of the matter. The appeal was allowed on the condition that the developer pays a cost of ₹10,000 to the homebuyers.