Browsing Tag

mumbai redevelopment

40 posts
In a no-holds-barred verdict, Bombay HC tells housing societies: Stop playing judge. You cannot decide who owns the flat or settle inheritance fights. Your only job is collecting dues and maintaining records — stay in your lane or face the consequences.

Full Payment to Builder Is NOT a Pre-Condition for Society Membership

In a landmark ruling, the Bombay High Court held that full payment to a builder is not a prerequisite for membership in a cooperative housing society. The court restored deemed membership for a MOFA flat buyer, emphasizing that statutory rights under the Maharashtra Ownership Flats Act cannot be denied due to payment disputes.
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.

Developer Asked to Get OC or Pay Rs 129 Crore in Damages to Housing Society

Bombay High Court has upheld the arbitral award directing developer Lotus Logistics to obtain Occupation Certificate for Evertop Apartments rehab wing within extended 9 months — or pay ₹128.98 crore damages for shifting rehab FSI through fictitious “open-to-sky ducts” in revised plans, calling it an act of “deceit and misrepresentation”.
It mentions one ground from the original suit: the society's bona fide requirement for demolition and reconstruction to provide housing for members (a common redevelopment-related plea under rent laws).

One of Mumbai’s Longest-Running Property Disputes has Ended

After five decades of legal battle, the Bombay HC has ruled in favour of Manglorian Garden Homes Society, restoring an eviction decree against alleged illegal occupants of Kalyanpur House in Bandra and rejecting claims based solely on long possession.
In a ruling that empowers dissenting flat owners, Bombay High Court refuses to appoint arbitrator against a Mulund resident who never signed the redevelopment deal — builders can't force private arbitration if you say no from day one.

Bombay High Court Halts Mumbai Society Redevelopment, Upholds Homebuyer’s Claim to Extra 900 Sq Ft Space: A Must-Read for Flat Owners Facing Rebuilds

In a boost for Mumbai homebuyers with historical property rights, the Bombay High Court has temporarily stopped a Bandra society’s redevelopment plans, enforcing a 31-year-old covenant granting a flat owner extra 900 sq ft space. The case highlights the enduring power of old deeds in modern rebuilds.
In a landmark decision, the Maharashtra Real Estate Appellate Tribunal ruled that developers cannot cancel registered sale agreements merely because of delayed payments — a major win for Indian homebuyers and a strong reinforcement of legal protections under RERA and property law.

Housing Society Treated as Promoter in Redevelopment Dispute If It Shares..

In a key redevelopment ruling, the Maharashtra Real Estate Appellate Tribunal has held that housing societies sharing FSI or constructed area with developers can be treated as promoters under RERA and held liable to homebuyers for delay.