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real estate law India

14 posts
“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.

Land Given for Farming, Not Housing: Bombay High Court Backs Maharashtra Govt in Taking Back Ambernath Cooperative Society Land

The Bombay High Court has ruled that land given free of cost for farming cannot be converted into illegal housing, backing the Maharashtra government’s decision to resume over 200 acres from an Ambernath cooperative society for gross misuse and encroachments.
“In a dramatic turn, the Bombay High Court has ruled that 6 votes were not enough to remove the Chairperson of a Goregaon housing society because a newly appointed member’s voting right was denied — turning a 0.67 fraction into the decisive factor in a bitter redevelopment battle.”

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 setback to the housing society, the Maharashtra State Co-operative Appellate Court has allowed renovation work for a nursing home to continue on the first floor of Mahatma Phule Bhavan CHS in Vashi, citing current UDCPR provisions that permit such facilities in residential zones. The main dispute remains pending.

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.