Browsing Tag

Real Estate Dispute

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In a significant win for homebuyers, MahaRERA and the Appellate Tribunal upheld a 2005 booking despite the handling director's death and promoters' denial of knowledge, directing execution of agreement for an equivalent flat or refund with interest — a reminder of RERA's buyer protections even in legacy cases.

Homebuyer Paid to Director of Real Estate Firm, Director Died, Surviving Directors Claimed Ignorance — MahaRERA Steps In to Deliver Justice

In a significant win for homebuyers, MahaRERA and the Appellate Tribunal upheld a 2005 booking despite the handling director’s death and promoters’ denial of knowledge, directing execution of agreement for an equivalent flat or refund with interest — a reminder of RERA’s buyer protections even in legacy cases.
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.

Bombay High Court Clarifies ‘Built-Up Area Wall to Wall’ Equals Carpet Area in Real Estate Development Dispute

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.
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.
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.

MahaRERA Appellate Tribunal Rejects Developer’s Appeal Over Delay in Filing

The Maharashtra Real Estate Appellate Tribunal has dismissed an appeal by developer Nitin Navgire, citing an unjustified 23-month delay and failure to comply with RERA’s legal requirements.
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 Appellate Tribunal Orders Developer to Refund Buyers, Rejects Cancellation Fee

The MahaRERA Appellate Tribunal has directed a developer to refund the outstanding payment with interest, rejecting cancellation charges. This verdict highlights the commitment to safeguarding homebuyers’ rights under the RERA Act.