Browsing Tag

real estate law

31 posts
In a landmark decision, the Maharashtra Real Estate Appellate Tribunal ruled that developers cannot cancel registered sale agreements merely because of delayed payments — a major win for Indian homebuyers and a strong reinforcement of legal protections under RERA and property law.

Housing Society Treated as Promoter in Redevelopment Dispute If It Shares..

In a key redevelopment ruling, the Maharashtra Real Estate Appellate Tribunal has held that housing societies sharing FSI or constructed area with developers can be treated as promoters under RERA and held liable to homebuyers for delay.
Bombay HC dismisses plea: Basement & parking not a 'flat' under MCS Act → no membership in coop society. Justice Borkar upholds strict sanctioned-plan rule.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.
The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.

Court Asks Govt To Fix Time Frame For Stamp Duty Refund

The Bombay High Court has slammed the State for a nine-year delay in refunding stamp duty and directed the Revenue Department to issue, within eight weeks, a circular prescribing clear timelines for all refund applications — a move that could streamline property-related processes for thousands across Maharashtra.
Bombay HC quashes ₹3 Cr+ stamp duty demand against Romell Real Estate in Malad slum redevelopment case. Court rules Permanent Transit Camp (PTC) cannot be added to consideration per Guideline 26 & holds CCRA order time-barred beyond 6-year limit under Section 53A.

High Court Rules: Those Who Didn’t Take Home Loan Cannot Be Forced to Pay

In a December 2025 ruling, Bombay High Court held that persons who never took a home-loan — such as flat-sellers who refunded buyers — cannot be forced to pre-deposit dues under SARFAESI, striking down earlier DRAT orders that demanded such deposits.
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

⚡ Builder Sold Flat… Then Mortgaged It! MahaRERA Tribunal; Says Builder Must Clear Mortgage, Give Possession & Pay Interest

MahaREAT has upheld a MahaRERA order directing Lokhandwala Kataria Construction to clear an illegal mortgage, hand over OC-backed possession, and pay delay interest to homebuyer Faisal Sabir Rashid. The builder had mortgaged the flat after selling it, violating RERA. The appellate ruling makes the 2024 order final and enforceable.