Browsing Tag

property law India

14 posts
India’s housing market is shifting toward bigger homes, with average apartment sizes rising 17% in two years as luxury demand surges and buyers prioritize space, lifestyle, and premium living.

Deceptive “Automatic Extension” Clause Fails: MahaRERA Tribunal Rescues Homebuyer from Builder’s Delay

In a significant win for property buyers, the Maharashtra Real Estate Appellate Tribunal has ruled that builders cannot use “automatic extension” clauses to bypass RERA deadlines. The Tribunal ordered Theme Infraprojects to refund ₹62 lakh with interest to a buyer after rejecting the builder’s claim that one-sided agreement clauses justified a six-year delay.
The Supreme Court has ruled that earnest money cannot be forfeited when both the buyer and seller are at fault, offering vital clarity on homebuyer rights and equitable remedies in real estate disputes.

Earnest Money Can’t Be Forfeited If Both Buyer and Seller Are at Fault, Rules Supreme Court

The Supreme Court has ruled that earnest money cannot be forfeited when both the buyer and seller are at fault, offering vital clarity on homebuyer rights and equitable remedies in real estate disputes.
MahaRERA orders new developer to hand over flat and pay interest despite claiming it never received payment, holding both builders jointly liable in Mumbai Evergreen Woods case.

Refund Allowed — But Not Final: Homebuyers Must Repay If Builder Wins Appeal

The MahaRERA Appellate Tribunal has allowed homebuyers to withdraw refund amounts ordered by MahaRERA—but with a key condition: if the builder succeeds in appeal, the buyers must return the money with interest. The ruling attempts to balance buyer hardship with developer rights amid long-pending real estate disputes.
In 2025, MahaRERA delivered a series of landmark reforms—disposing of a record 6,945 complaints, integrating all planning authorities, tightening compliance norms, and strengthening enforcement—marking a decisive shift toward faster justice, transparency, and stronger protection for homebuyers across Maharashtra.

MahaRERA’s Landmark Decisions in 2025 Strengthen Homebuyer Protection and Industry Accountability

In 2025, MahaRERA delivered a series of landmark reforms—disposing of a record 6,945 complaints, integrating all planning authorities, tightening compliance norms, and strengthening enforcement—marking a decisive shift toward faster justice, transparency, and stronger protection for homebuyers across Maharashtra.
The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.

Bombay High Court: Tenancy Land Cannot Be Given by Will, Goes Back to Husband’s Family

The Bombay High Court has held that agricultural land purchased under tenancy laws cannot be bequeathed by Will within the statutory restriction period and must revert to the husband’s heirs when inherited by a widow who dies without children.