Browsing Tag

property law India

17 posts
Even After Death, Legal Heirs Must Honour Property Deals: NCLAT Orders Execution of Sale Deed in ₹100-Crore Educomp Land Case

Even After Death, Legal Heirs Must Honour Property Deals: NCLAT Orders Execution of Sale Deed in ₹100-Crore Educomp Land Case

In a landmark decision, NCLAT held that property sale obligations survive the seller’s death—legal heirs must execute the sale deed if payment and possession were completed. The ruling clarifies NCLT’s jurisdiction under IBC.
In a sharp rebuke to misuse of public interest litigation, the Bombay High Court on April 8, 2026, dismissed a 13-year-old PIL challenging the redevelopment of a luxury tower on Altamount Road, calling it a private grievance disguised as a public cause. The court noted that the building was already constructed and partly occupied as per valid approvals, with no proven safety hazards.

If You’re a Loan Guarantor, Your Property Can Be Attached and Auctioned — Even If You Move Court, Rules Bombay High Court

The Bombay High Court has ruled that cooperative societies can legally attach and auction a guarantor’s property for unpaid loans — even if the guarantor files a civil case. The judgment clarifies that civil courts have no jurisdiction once recovery begins under the MCS Act.
In a landmark order, the Supreme Court directed a CBI inquiry into DLF's premium Gurugram project 'The Primus,' citing a glaring mismatch between promised luxury amenities and on-ground realities, while slamming authorities for failing to protect homebuyers who invested life savings.

Third-Party Rights Must Be Considered When Appeals Are Revived After Long Delays: SC

The Supreme Court has set aside a Bombay High Court order that restored a 14-year-old dismissed appeal, ruling that courts must weigh third-party rights before condoning such extraordinary delays, particularly in real estate disputes.

Bombay HC: Maintenance Charges Must Match Your Flat Size

In a key ruling, the Bombay High Court has said that maintenance charges in condominiums must match flat size, rejecting equal billing and upholding a Pune society’s proportional system under the Apartment Ownership Act.
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.