Browsing Tag

real estate disputes

17 posts
In a major boost for homebuyers, the Supreme Court has ruled that merely leasing or renting out a purchased residential flat does not disqualify buyers from filing consumer complaints against builders for delays or unfair practices. The verdict in Vinit Bahri vs MGF Developers restores a dismissed case and clarifies that builders must prove "commercial purpose" to exclude consumer status.

Supreme Court: Renting Out Your Flat Won’t Stop You from Suing Builder for Delays – Big Win for Homebuyers

In a major boost for homebuyers, the Supreme Court has ruled that merely leasing or renting out a purchased residential flat does not disqualify buyers from filing consumer complaints against builders for delays or unfair practices. The verdict in Vinit Bahri vs MGF Developers restores a dismissed case and clarifies that builders must prove “commercial purpose” to exclude consumer status.
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.
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.
In a key February 2026 decision, MahaREAT ruled that homebuyers withdrawing from delayed projects under RERA are entitled to interest from the promoter's receipt of payments—not from later default dates—overturning a MahaRERA order in the Mullaji vs. Onyx Builders case involving stalled projects in Kurla West, Mumbai.

MahaRERA Rejects Arbitration Clauses in Real Estate Disputes, Upholds Homebuyer Rights

MahaRERA’s November 2025 order, backed by a Bombay High Court ruling, invalidates arbitration clauses in RERA disputes, ensuring homebuyers can directly approach the authority for remedies in cases like the delayed Indiabulls Park 4 project.
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.

Building on a Relative’s Land? It Doesn’t Make You the Owner

A four-decade-old property battle between two brothers from Akola ended with the Bombay High Court ruling that constructing a house on family land doesn’t grant ownership. The Court clarified that licences are personal rights that end with the licensee’s death.