Browsing Tag

RERA

115 posts
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.

Individual Agreement Possession Dates Prevail Over Extended RERA Project Timelines for Calculating Delay Interest

A December 2025 MahaRERA order rules that possession dates in individual Agreements for Sale prevail over extended project timelines on the portal, entitling buyers to delay interest under Section 18—even rejecting builders’ COVID-19 extension claims for contracts signed post-pandemic.
In a setback to the housing society, the Maharashtra State Co-operative Appellate Court has allowed renovation work for a nursing home to continue on the first floor of Mahatma Phule Bhavan CHS in Vashi, citing current UDCPR provisions that permit such facilities in residential zones. The main dispute remains pending.

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.
Bombay High Court dismisses developer’s challenge and holds that future additional FSI cannot be used to indefinitely delay deemed conveyance to housing societies.

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.
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.

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.