After a slowdown for 2 (two) years due to COVID-19, the real estate industry saw a massive comeback in the last year. At the same time, there has been a landmark change in consumer behaviour. In this ever-changing eco system, it becomes imperative to...

The Indian legal landscape is so vast that at times different legislations which may deal with a common subject matter end up conflicting with each other. Such conflict results in no lesser than a completely different but evolved jurisprudence, with ...

The President of India on December 02, 2022, assented to the bill proposing amendments to the Maharashtra Housing and Area Development Act, 1976, and introduced the Maharashtra Housing and Area Development (Amendment) Act, 2020, thereby clearing the ...

Recently, the Hon’ble Maharashtra Real Estate Appellate Tribunal held that Section 18 of the Real Estate (Regulation and Development) Act, 2016 does not explicitly limit changing of prayers from seeking possession of premises to refund of monies, i...

The Maharashtra Real Estate Appellate Tribunal in the recent case of Bijon Dhirendra Tatukdar & Anr v/s Dhruva Woolen Mills Pvt. Ltd held that it is the right of the allottees to seek refunds if the developer fails to hand over possession by the agre...

The Hon’ble Supreme Court of India in The Kerala State Coastal Zone Management Authority Member Secretary v. Maradu Municipality & Ors., prescribed certain responsibilities for homebuyers and ruled on the criteria where the interest component shall...

The Real Estate (Regulation and Development) Act, 2016 (“Act”) was introduced with an aim to regulate and promote the real estate sector and to establish an adjudicating mechanism for redressal of disputes with respect to real estate projects. Co...

Recently, Hon'ble Maharashtra Real Estate Appellate Tribunal (“MREAT”) in the case of Dilip J Mehta vs. Akshar Developers & Ors., directed the Promoter to deliver possession of alternative units in lieu of units already booked of equal area at th...

Recently, The Maharashtra Real Estate Appellate Tribunal (MREAT) in Techno Drive Engineering Pvt. Ltd. Vs. Renaissance Indus Infra Pvt. Ltd has held that the provisions of Real Estate (Regulation and Development) Act, 2016 (Act) are not applicable to...

The Reserve Bank of India vide its circular dated April 19, 2022, issued detailed guidelines regarding regulatory restrictions on lending in respect of NBFCs which has come into effect from October 01, 2022. This circular inter alia provides that wh...

Recently, the division bench of Hon’ble Punjab & Haryana High Court in the case of Experion Developers Pvt. Ltd. vs. State of Haryana & Ors. has held that merely obtaining occupancy certificate before Section 3 of Real Estate (Regulation and Develo...

The Real Estate (Regulation and Development) Act, 2016 (“Act”) was introduced with an aim to regulate and promote the real estate sector and to establish an adjudicating mechanism for redressal of disputes with respect to real estate projects. Co...

The Supreme Court of India has affirmed the recent judgment of Rajasthan High Court passed in December 2021 which held that a bank initiating recovery proceedings against promoters will be amenable to the jurisdiction of Real Estate Regulatory Author...

The Rajasthan High Court in a landmark judgment in the case of Union Bank of India, Jaipur vs. Rajasthan Real Estate Regulatory Authority & Ors. & 69 other connected writ petitions has held that a bank initiating recovery proceedings against the prom...

The Hon’ble Supreme Court of India (SC), in the case of Samruddhi Co-operative Housing Society Ltd. vs. Mumbai Mahalaxmi Construction Pvt. Ltd. has held that a real estate builder is under an obligation to provide the occupancy certificate to flat ...

The Hon’ble Supreme Court of India in the case of M/s. Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. affirmed the provision of Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (“the Act”) in relation t...