Browsing Tag

real estate law India

13 posts
In a no-holds-barred verdict, Bombay HC tells housing societies: Stop playing judge. You cannot decide who owns the flat or settle inheritance fights. Your only job is collecting dues and maintaining records — stay in your lane or face the consequences.

Full Payment to Builder Is NOT a Pre-Condition for Society Membership

In a landmark ruling, the Bombay High Court held that full payment to a builder is not a prerequisite for membership in a cooperative housing society. The court restored deemed membership for a MOFA flat buyer, emphasizing that statutory rights under the Maharashtra Ownership Flats Act cannot be denied due to payment disputes.
In a landmark relief for homebuyers, the Ministry of Housing and Urban Affairs has enforced the amendment to RERA Section 68 effective 7 May 2026. The provision for up to one year’s imprisonment has been completely removed and replaced with a civil penalty of up to 10% of the property cost. The change is part of the Jan Vishwas (Amendment of Provisions) Act, 2026.

Do You Know Homebuyers Can Face Jail Too for Disobeying MahaRERA Tribunal Orders?

RERA is not just about punishing builders. Under MahaRERA, even homebuyers can face penalties—and jail—for ignoring Tribunal orders. Here’s what the law actually says.
In a major win for homebuyers, MahaREAT has ruled that "soft possession" without an Occupation Certificate does not count as lawful possession under RERA.

If a Developer Takes Money and Promises Flats, He Can’t Call It ‘Just an Investment’: MahaREAT Delivers Big RERA Clarity

In a landmark ruling, MahaREAT has held that developers cannot escape RERA obligations by calling buyers “investors” when flats are promised under an MoU, overturning a controversial MahaRERA order and reinforcing homebuyer protections.
MahaRERA has ruled that a booking application form does not by itself create a binding sale contract and directed Mahindra Happinest Developers to refund ₹1.50 lakh to a homebuyer, holding that forfeiture was illegal as the booking was never completed.

Booking Form Alone Does Not Create Binding Sale Contract: MahaRERA Orders Refund to Homebuyer

MahaRERA has ruled that a booking application form does not by itself create a binding sale contract and directed Mahindra Happinest Developers to refund ₹1.50 lakh to a homebuyer, holding that forfeiture was illegal as the booking was never completed.
“4 lakh lives at risk… yet redevelopment was frozen.” The Devadhar Committee report submitted to Bombay HC largely clears MHADA’s Section 79-A path, warning that further delay could prove fatal for Mumbai’s crumbling cessed buildings.

Signing a Rehab Agreement and Still Going to Court? Bombay HC Says It Can Cost You Dearly

The Bombay High Court has delivered a sharp warning to occupants who sign rehabilitation agreements and still approach courts to delay demolition. Calling such conduct an abuse of process, the Court dismissed multiple suits and imposed heavy costs, reinforcing that redevelopment cannot be stalled through strategic litigation.