Browsing Tag

real estate law

34 posts
The Rais booked a flat in 2013, paid ₹79 lakh, and were promised possession by December 2017. What followed was a developer collapse, a project takeover, a majority consent exercise they never agreed to — and a regulator that told them to cooperate. The tribunal disagreed.

🏠 Possession Refusal Considered Buyer’s Default: MahaRERA Sends Strong Message to Homebuyers

In a landmark ruling, MahaRERA held that homebuyers who refuse possession of ready flats cannot claim refunds or compensation. Once the project is complete and OC is obtained, the buyer must take possession — or risk being held in default.
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.

MahaRERA Dismisses NRI Homebuyer’s Plea, Says It Cannot Enforce Consumer Court Orders

MahaRERA has dismissed an NRI homebuyer’s complaint seeking interest on refund from the DSK Anandghan project, ruling that it cannot enforce consumer court orders. The order brings clarity on RERA’s jurisdiction and guides buyers to approach the correct forum for execution.
A Vile Parle builder's bid to stall land conveyance citing future construction plans was called "preposterous to the core" by the High Court.

Housing Society is the Boss: Bombay HC Strikes Down Registrar’s Role in Redevelopment NOCs

The Bombay High Court has ruled that Deputy Registrars have no authority to issue “No Objection” for redevelopment, making it clear that the General Body of housing societies holds the final decision-making power. This judgment is expected to ease redevelopment delays across Maharashtra.
A Vile Parle builder's bid to stall land conveyance citing future construction plans was called "preposterous to the core" by the High Court.

🏛 Bombay High Court Slams Dr. Mumtaz Khoja for Suppressing Facts in SRA Case; Dismisses Plea, Imposes ₹5 Lakh Cost

The Bombay High Court dismissed Dr. Mumtaz Khoja’s review petition in an SRA allotment case, imposed ₹5 lakh cost, ordered property recovery if unpaid, and initiated contempt proceedings for misleading the court.
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

Homebuyer Awarded ₹25,000 as Builder Pays Penalty to Continue Legal Fight

In a mixed verdict for homebuyers, the Maharashtra Real Estate Appellate Tribunal has ordered a developer to pay ₹25,000 to a flat owner as a penalty for filing a late appeal. While the homebuyer gets immediate compensation, the developer now gets a second chance to fight an earlier MahaRERA order that mandated interest payments for delayed possession of a flat. The ruling highlights the long and complex legal road homebuyers often face.