Browsing Tag

real estate law

33 posts
In a powerful pro-homebuyer verdict, the Bombay High Court has held that allottees are “generally very vulnerable” and cannot be placed on equal footing with promoters, clearing the way for withdrawal of deposited refund amounts during developer appeals.

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.
MahaRERA has ordered the promoter of the Godrej 24 project in Hinjawadi to permanently rectify seepage defects under Section 14(3) of RERA, reinforcing that builders remain responsible for structural defects even after possession and that temporary repairs do not fulfil statutory obligations.

Homeowners Alert! Builders Legally Bound to Fix Major Defects Within 5 Years – RERA Section 14(3) Explained

Under RERA Section 14(3), builders must repair major defects within five years of possession or compensate buyers. A landmark shift in homebuyer protection.
In a sharp rebuke to misuse of public interest litigation, the Bombay High Court on April 8, 2026, dismissed a 13-year-old PIL challenging the redevelopment of a luxury tower on Altamount Road, calling it a private grievance disguised as a public cause. The court noted that the building was already constructed and partly occupied as per valid approvals, with no proven safety hazards.

Bombay HC Shields Property Buyers: Covid Delay Can’t Cancel Auction Sales

The Bombay High Court has held that auction sales conducted before the Covid-19 lockdown cannot be cancelled merely because buyers missed payment deadlines during the pandemic, ruling that the entire lockdown period must be excluded from statutory timelines.
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.

Can Homebuyers Stop a Builder from Loading Additional FSI After Decades of Handing Over Possession? Court Says No

The Bombay High Court’s November 7, 2025, ruling allows Jaydeep Developers to build Wing C5 in Mumbai’s Lok Everest project, rejecting homebuyers’ objections. Citing 1993 disclosures, the court upheld the developer’s right to additional FSI, emphasizing timely action under MOFA.