Browsing Tag

RERA

104 posts
In a major win for homebuyers, MahaREAT has ruled that "soft possession" without an Occupation Certificate does not count as lawful possession under RERA.

A Registered Agreement for Sale Is NOT Mandatory for RERA Relief

In a boost for homebuyers, MREAT rules that allotment letters and receipts suffice for RERA claims, ordering Siddhitech Homes to refund Rs. 19.5 lakh to Kapadia sisters with interest from 2012 in the stalled Lake Riveira project, emphasizing no formal agreement is mandatory for relief.
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.
In a landmark ruling on November 25, 2025, the Bombay High Court clarified that the contractual term 'built-up area wall to wall' equates to carpet area, dismissing a developer's challenge to an arbitral award in a Mumbai land development dispute. The decision highlights the need for precise language in real estate agreements to prevent ambiguities over usable space.

Bombay High Court Clarifies ‘Built-Up Area Wall to Wall’ Equals Carpet Area in Real Estate Development Dispute

In a landmark ruling on November 25, 2025, the Bombay High Court clarified that the contractual term ‘built-up area wall to wall’ equates to carpet area, dismissing a developer’s challenge to an arbitral award in a Mumbai land development dispute. The decision highlights the need for precise language in real estate agreements to prevent ambiguities over usable space.
In a key February 2026 decision, MahaREAT ruled that homebuyers withdrawing from delayed projects under RERA are entitled to interest from the promoter's receipt of payments—not from later default dates—overturning a MahaRERA order in the Mullaji vs. Onyx Builders case involving stalled projects in Kurla West, Mumbai.

MahaRERA Rejects Arbitration Clauses in Real Estate Disputes, Upholds Homebuyer Rights

MahaRERA’s November 2025 order, backed by a Bombay High Court ruling, invalidates arbitration clauses in RERA disputes, ensuring homebuyers can directly approach the authority for remedies in cases like the delayed Indiabulls Park 4 project.
The Bombay High Court has held that homebuyers who purchased flats through a terminated developer cannot assert any rights against the housing society or new developer, reaffirming legal precedents on redevelopment disputes.

Bombay High Court: Flat Buyers In Redevelopment Project Can’t Claim Rights Against Society After Developer’s Termination

The Bombay High Court has held that homebuyers who purchased flats through a terminated developer cannot assert any rights against the housing society or new developer, reaffirming legal precedents on redevelopment disputes.