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real estate law

37 posts
Bombay HC calls Santacruz society dispute bizarre as chairman is left without extra flat while contractor relatives keep four TDR flats.

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.
Bombay HC calls Santacruz society dispute bizarre as chairman is left without extra flat while contractor relatives keep four TDR flats.

🏛 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.

Court Refuses to Stall Khernagar Redevelopment

The Bombay High Court has allowed Khernagar Adarsh CHS’s redevelopment to move ahead under Kumar Vibes, rejecting Huges Real Estate’s bid to block the project. The Court held that no concluded contract existed under revised terms and that residents’ right to safe housing outweighed the developer’s profit claims.
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.

MahaRERA Tribunal Slams Developer: No Proof of Homebuyer Consent for Porject Delays

In a significant win for homebuyers, the Maharashtra Real Estate Appellate Tribunal on July 9, 2025, rejected developer Joy Homecreation Limited’s claim that allottees consented to project delays for “Joys Adinath Tower-II.” The Tribunal found no documentary proof of such consent and ordered the promoter to pay interest immediately for delayed possession, overriding a previous MahaRERA order.