Browsing Tag

property law

19 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.

MahaRERA Cannot Decide Issues Relating to Eviction or Recovery of Flat

MahaRERA has ruled that eviction, flat recovery, and agreement-cancellation fall outside its jurisdiction. In the Amity Apartments case, the Authority dismissed the promoter’s complaint — clarifying that such civil-property disputes must be addressed in civil courts, not through RERA.
“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.

No Inheritance Without Consent: Bombay HC Says Tenancy Transfers on Public Premises Need Landlord Approval

The Bombay High Court has ruled that tenancy rights cannot override contractual restrictions on public premises, upholding LIC’s eviction of Niloufer Marshall from a Mumbai flat. Learn the implications in 2025.
The Bombay High Court quashed the SRA’s 2015 acquisition of Bhandup land, declaring it illegal for bypassing the landowners’ preferential right to redevelop. The ruling reinforces that issuing a Section 13 notice is a must before any acquisition — a major victory for landowners across Mumbai.

🏗️ Bombay High Court Quashes SRA Land Acquisition in Mumbai, Upholds Landowner’s Preferential Right for Redevelopment

The Bombay High Court quashed the SRA’s 2015 acquisition of Bhandup land, declaring it illegal for bypassing the landowners’ preferential right to redevelop. The ruling reinforces that issuing a Section 13 notice is a must before any acquisition — a major victory for landowners across Mumbai.
The Bombay High Court (Goa) has ruled that hearsay cannot be treated as proof of Pakistani nationality, striking down the Custodian of Enemy Property’s 2010 order tagging a Margao layout as “enemy property.” The Court held that the government failed to produce documentary proof that the original owner was a Pakistani national during the vesting period, making the declaration legally unsustainable.

📰 Hearsay Can’t Make You Pakistani: Bombay HC Quashes Enemy Property Tag

The Bombay High Court (Goa) has ruled that hearsay cannot be treated as proof of Pakistani nationality, striking down the Custodian of Enemy Property’s 2010 order tagging a Margao layout as “enemy property.” The Court held that the government failed to produce documentary proof that the original owner was a Pakistani national during the vesting period, making the declaration legally unsustainable.
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

Possession Dates Are Not Up For Negotiation

In a landmark relief for homebuyers, the Maharashtra Real Estate Appellate Tribunal has stayed a MahaRERA order that overturned refund reliefs, ruling that review powers cannot amend substantive orders. This precedent strengthens homebuyer protections against promoter tactics.