Browsing Tag

property law India

17 posts
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.
Should capital gains on a flat be calculated from the allotment letter date or registration date? ITAT Mumbai says allotment letter date prevails, giving major relief to homebuyers in a key order.

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.
“Being the owner gives you preferential rights, but not unlimited time.” In a firm order, SRA removes a private landowner as developer after three years of zero progress on a Lower Parel slum scheme, prioritising slum dwellers’ right to timely rehabilitation.

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.
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 Come Before Banks: MahaRERA Pulls Bank For Ignoring Homebuyers While Lending Money to Builder

In a landmark ruling in the Ashish Sea View case, MahaRERA has declared that homebuyer rights take precedence over banks’ SARFAESI claims. The authority criticised lenders for failing to verify third-party rights and directed them to conduct thorough due diligence before granting project loans. The order significantly strengthens protections for Maharashtra homebuyers.
Minor Can Cancel Sale of Property by Guardian Once Attaining Majority_ Supreme Court Clarifies Rights

Minor Can Cancel Sale of Property by Guardian Once Attaining Majority: Supreme Court Clarifies Rights

Supreme Court rules that minors can cancel or repudiate sales of their property made by guardians without court permission — either by suit or by conduct — reshaping property law under the Hindu Minority & Guardianship Act.