Browsing Tag

real estate law

34 posts
MahaRERA orders new developer to hand over flat and pay interest despite claiming it never received payment, holding both builders jointly liable in Mumbai Evergreen Woods case.

Refund Allowed — But Not Final: Homebuyers Must Repay If Builder Wins Appeal

The MahaRERA Appellate Tribunal has allowed homebuyers to withdraw refund amounts ordered by MahaRERA—but with a key condition: if the builder succeeds in appeal, the buyers must return the money with interest. The ruling attempts to balance buyer hardship with developer rights amid long-pending real estate disputes.
“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.

You Can’t Take the Benefit and Challenge the Deal Later, Rules High Court Tells Housing Society

The Bombay High Court has ruled that a housing society cannot enjoy extra construction rights and later challenge the land surrender that enabled those benefits, dismissing a decades-old claim against the Pune Municipal Corporation.
In a ruling that empowers dissenting flat owners, Bombay High Court refuses to appoint arbitrator against a Mulund resident who never signed the redevelopment deal — builders can't force private arbitration if you say no from day one.

Bombay High Court Halts Mumbai Society Redevelopment, Upholds Homebuyer’s Claim to Extra 900 Sq Ft Space: A Must-Read for Flat Owners Facing Rebuilds

In a boost for Mumbai homebuyers with historical property rights, the Bombay High Court has temporarily stopped a Bandra society’s redevelopment plans, enforcing a 31-year-old covenant granting a flat owner extra 900 sq ft space. The case highlights the enduring power of old deeds in modern rebuilds.
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.
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

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.