Browsing Tag

Occupancy certificate

16 posts
Housing Societies Can Claim Tax Relief on Interest Only from These Banks – Mumbai ITAT restores case of Chembur society and directs fresh verification as per Supreme Court judgment.

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.
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.

“Fit-Out Possession” Declared Legally Invalid Without OC: MahaRERA Rules in Favor of Delayed Homebuyers

In a landmark MahaRERA ruling, “fit-out possession” without OC is deemed legally invalid, holding promoters liable for delays in a Vasai housing project. Homebuyers awarded interest from Dec 2018, deferred till OC, highlighting RERA’s balance between buyer relief and project viability.
In a landmark ruling on November 25, 2025, the Bombay High Court clarified that the contractual term 'built-up area wall to wall' equates to carpet area, dismissing a developer's challenge to an arbitral award in a Mumbai land development dispute. The decision highlights the need for precise language in real estate agreements to prevent ambiguities over usable space.

From ₹8,000 to ₹9,500: How a Rate Row Between Two Builders Delayed 80 Families for Two Years

“₹8,000 or ₹9,500 per sq.ft.? One builder’s greed over ₹1,500/sq.ft. kept 80 ready Pune flats locked for two years. Today the Bombay High Court said ENOUGH — quashed the stop-work notice and ordered immediate possession. When private fights hurt real home-buyers, the court steps in.”
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 Full Refund with Interest to Homebuyer for Possession Delay

In a significant win for homebuyers, MahaRERA has ruled in favor of a complainant against Viijcon Properties for failing to deliver possession in the Viijcon Cellandine project. The authority ordered a full refund with interest, while dismissing three other complaints due to lack of valid promoter-allottee relationships or incomplete documentation.
MahaRERA

MahaRERA Dismisses Complaints Due to Pre-RERA Contracts,

MahaRERA has ruled that homebuyers with pre-RERA contracts cannot seek relief under the Real Estate (Regulation and Development) Act, 2016, as the terms of these agreements remain binding. However, a homebuyer with a registered sale agreement has been awarded interest compensation for delayed possession.