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Corporate Law - Recently in the case of Suresh V Swamy v/s Larsen and Turbo Limited, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has given its judgment which has clarified certain questions of law which were in debate since long. In this article, we have made an attempt to summarize the key questions answered by MahaRERA through it judgme...
Read MoreCorporate Law - Additional Disclosures on the Webpage on the website of Authority and Project Land Site; in addition to Section 4, 11, of the RERA Act and Rule 3, the promoter shall upload following details on his webpage on the website of the Authority;...
Read MoreCorporate Law - Sec 4 of the Real Estate Regulation and Development Act 2016 mandates every promoter to open and maintain the Project wise bank account in Scheduled Bank Objective and Intention of the Act is to ensure the money collected from the Allottees for the Specific project shall be utilised for the specific project and to avoid […]...
Read MoreCorporate Law - In exercise of the powers conferred by section 84 of the Real Estate (Regulation and Development) Act, 2016 (Central Act No. 16 of 2016), the State Government, has made the Rajasthan Real Estate (Regulation and Development) Rules, 2017 enacted from May 1, 2017. FORMS (Link to download forms – http://rera.rajasthan.gov.in/Home/Downlo...
Read MoreCorporate Law - Functions of Real Estate Agent (Sec. 10) The Real Estate (Regulation and Development Act, 2016) Every real estate agent registered u/s 9 shall:- a) Not facilitate the sale or purchase of any plot, apartment or building, in a real estate project or part of it, being sold by the promoter in any planning area, which […]...
Read MoreCorporate Law - As we are in the 2nd year of the implementation of RERA, I am happy to note all the States/UTs have notified Rules under RERA except for 6 North Eastern States and the state of West Bengal...
Read MoreCorporate Law - The two laws enacted in 2016 may have the best of intentions, but the Insolvency and Bankruptcy Code (Code) and the Real Estate (Regulation and Development) Act appear to be pitted against each other when it comes resolving interest of bankers and home-buyers, said an ASSOCHAM- Thought Arbitrage paper. ...
Read MoreCorporate Law - In order to promote affordable housing, the government has made several efforts to create enabling environment and eco-system.Towards such an end, the Government has granted infrastructure status to affordable housing which will enable these projects to avail the associated benefits such as lower borrowing rates...
Read MoreCorporate Law - PwC’s comprehensive report on ‘Transactions in the real estate sector’ covers the various tax and regulatory aspects that need to be considered while entering into transactions in the real estate sector....
Read MoreMr. Jatin Mavani Vs M/s. Rare Township Pvt. Ltd (RERA) - Since the complainant is also a party to the said proceeding , he can not separately agitate this complaint before the MahaRERA, as it will amount to agitate multiple proceedings on the same issue, which is not permissible in RERA Act, 2016. In the present case since the MahaRERA has already given j...
Read MoreSanjeev Dhakar Vs. M/s. Arkade Realty (Maharera Mumbai) - The complainant, who is a resident in a completed building in the above registered project, has filed this complaint seeking directions of MahaRERA to the respondent to allow him to park his vehicle inside the compound wall of the building. The Complainant has further alleged that the Respondent is ...
Read MoreNeelkamal Realtors Suburban Pvt. Ltd. and anr. Vs. Union of India and ors. (Bombay High Court) - Provisions of RERA are prospective in nature. The penalty under Sections 18, 38, 59, 60, 61, 63 and 64 is to be levied on account of contravention of provisions of RERA, prospectively and not retrospectively. These provisions, therefore, cannot be said to be violative of Articles 14, 19(1)(g), 20(1)...
Read MoreIsmail Ibrahim Patel and ors. Vs. State of Maharashtra and ors. (Bombay High Court) - The petitioner had questioned and challenged the validity of office order dated 11th May, 2017 passed by the Secretary, Maharashtra Real Estate Regulatory Authority (hereinafter referred to as Maha RERA for short). In the impugned order the Maha RERA observed that since the term ‘Co prom...
Read MoreAvinash Saraf, Neha Duggar Saraf Vs Runwal Homes Pvt. Ltd. (Maharashtra Real Estate Regulatory Authority, Mumbai) - In, Avinash Saraf versus Runwal Homes Private Limited case, the landmark judgement given by MAHARERA, Mumbai, having complaint number 32, Dated 13th October 2017. Final judgement is given by Honorable Shri B. D.KAPADNIS....
Read MoreMahaRERA Order No: 8119 - (28/03/2019) - Therefore, it is felt necessary to issue necessary direction which shall be followed for revocation of project registration and thereafter- MahaRERA shall only consider those complaints for revocation of project, when Association of Allottees is involved....
Read MoreOrder No: 07/2019 - (08/02/2019) - In cases, where the promoter of a MahaRERA registered project is unable to complete the project in the extended time of one year, granted under Section 6, further extension may be given only in those cases where the concerned association of allottees resolve that instead of revoking the registration...
Read MoreNo. MahaRERA/Secy./Order- 6/1126/2018 - (29/11/2018) - When a complaint is being heard by MahaRERA or an Adjudicating Officer of MahaRERA and the said authority is satisfied that there is a possibility of settlement by way of conciliation, then with the consent of both the parties involved, it may refer the complaint to a designated bench of the Maharas...
Read MoreCircular No. 23/2018 - (26/11/2018) - SOP for handling complaints against registered projects and for source information of projects, which ought to have been registered but have not registered....
Read MoreCircular No. 22/2018 - (26/11/2018) - Whereas based on inputs received from various stakeholders, it has been decided to simplify the procedure for Non-Registered Projects and provide an option for hearing with authority for the information provider to present his / her case....
Read MoreSuresh V Swamy v/s Larsen & Turbo Limited (MahaRERA, Mumbai) -
MahaRERA Order No: 8119 - (28/03/2019) -
Mr. Jatin Mavani Vs M/s. Rare Township Pvt. Ltd (RERA) -
