Developer Must Obtain Court Permission For Rights Affecting Minor's Property Share: Odisha REAT

On 6 November, the Odisha Real Estate Appellate Tribunal (REAT) held that a developer must obtain prior court permission under the Hindu Minority and Guardianship Act, 1956, before exercising development rights that affect a minor's undivided share in inherited property. A Bench of Judicial Member S.K. Rajguru and Technical/Administrative Member Dr. B.K. Das upheld the Odisha Real Estate Regulatory Authority's (ORERA) rejection of Dugar Realty & Infrastructure Pvt. Ltd.'s application to...

Maharashtra REAT Tribunal Holds New Promoter Liable For Delay Interest After Taking Over Stalled Project

The Maharashtra Real Estate Appellate Tribunal (REAT) has held that a builder taking over a stalled project under Section 15 of the Real Estate (Regulation and Development) Act, 2016 (RERA) inherits the previous promoter's liability to pay interest for delayed possession.A bench of Chairperson Justice S. S. Shinde and Member Dr. Rajagopal Devara observed:“Having accepted the pending obligations of the erstwhile Promoter under Section 15(2) of the RERA Act 2016, Respondent No.2 is liable to...

Odisha REAT Treats Project Brochure As Agreement For Sale In Absence Of Formal Agreement

The Odisha Real Estate Appellate Tribunal has held that a project brochure can be treated as an agreement between a developer and a homebuyer in the absence of a formal written agreement for sale. However, the developer cannot rely on clauses in the brochure that violate homebuyers' statutory rights under the Real Estate (Regulation and Development) Act, 2016. The Bench comprising Judicial Member S.K. Rajguru and Technical/Administrative Member Dr. B.K. Das made the observation while allowing...

LiveLawBiz RERA Cases Weekly Digest: November 1 - November 7, 2026

NOMINAL INDEXAditya Niwas Developers and Colonizers v. The State of Bihar & Anr., 2026 LLBiz HC(PAT) 35 Sachin Bajla v. Honest Shelters Pvt. Ltd. & Anr., 2026 LLBiz HC (BOM) 639SSM Nagar Flat Owners Association v. The District Collector, Chengalpattu District & Ors., 2026 LLBiz HC (MAD) 340 M/s. Bennett Property Holdings Company Limited v. M/s. PNB Techwaves Private Limited & Others, 2026 LLBiz HC (MAD) 339 Kapil Ashokrao Gahukar v. Godrej Skyline Developers Limited, 2026...

Developer Need Not Disclose Pending Suit If Disputed Land Is Unrelated To Project: Telangana REAT

The Telangana Real Estate Appellate Tribunal (REAT), on 29 October, held that a real estate developer is not required to disclose pending litigation at the time of project registration unless the disputed property is shown to form part of the project land. A Bench comprising Chairperson Justice A. Santhosh Reddy, Judicial Member P. Pradeep Kumar Reddy and Administrative Member Vemula Sreekar allowed Mihira Buildcon's appeal against findings recorded by Telangana RERA in a complaint filed by...

Patna High Court Dismisses FIR Plea Against Builder, Says RERA Must First Probe Forgery Allegations

The Patna High Court on 2 November dismissed a writ petition seeking a direction to Bihar Real Estate Regulatory Authority (RERA) to register an FIR against Jaidev Green Homes Pvt. Ltd. and its former director for allegedly filing forged documents and false affidavits before the authority.Justice Sourendra Pandey held that allegations of fraud and forgery committed before the RERA must first be inquired into by the authority concerned before criminal proceedings can be initiated, observing...

Developer Cannot Prove Parking Allotment Through Email Alone: Karnataka RERA Directs Issuance Of Allotment Letter

Karnataka Real Estate Regulatory Authority (“Authority”) on 5th November held that a promoter cannot establish allotment of a parking space merely by claiming that a particular slot has been identified for a homebuyer without producing supporting documentary evidence. Authority directed Sobha Limited to issue a formal parking allotment letter to the homebuyers. Chairman Rakesh Singh observed: “...Respondent cannot avoid its contractual obligation by merely referring to an email...

Adani Not Ten BKC Promoter Merely Because It Became Radius's Holding Company: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has recently held that Adani Goodhomes Private Limited cannot be treated as a promoter of the Ten BKC project in Bandra merely because it became the holding company of Radius Estate & Developers Pvt Ltd following an insolvency resolution plan.It set aside three Maharashtra RERA orders refusing to delete Adani from complaints filed by allottees of the project.A bench comprising Chairperson Justice S. S. Shinde and Administrative Member...

Bihar RERA Cannot Demand Documents Beyond Those Prescribed By Law For Project Registration: Patna High Court

The Patna High Court has held that Bihar RERA cannot insist on documents beyond those prescribed under the Real Estate (Regulation and Development) Act, 2016 and the Bihar RERA Rules, 2017, while processing a project registration application. It also ruled that a residential project stood deemed registered after the Authority failed to decide the application within the statutory 30-day period. Justice Ajit Kumar observed that allowing RERA to demand documents not prescribed by law would...

RERA Registration Disputes Must First Be Raised Before Authority, Not REAT: Telengana REAT

The Telangana Real Estate Appellate Tribunal (REAT) has recently held that parties must first approach the Regulatory Authority over project registration disputes, as the Tribunal's jurisdiction is purely derivative and limited to examining the legality, propriety and correctness of the Authority's orders.By a 2:1 majority, it dismissed an appeal by seven family members claiming ancestral property rights, seeking cancellation of the RERA registration granted to League Spaces LLP's Riverscape...

Change In Partners Of Allottee LLP Does Not Justify Builder's Termination Of Flat Agreement: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal has held that a change in partners of a limited liability partnership (LLP) does not amount to a transfer of a flat owned by it. It set aside Honest Shelters Pvt. Ltd.'s termination of an agreement for sale and directed it to hand over a flat in the Palais Royale project at Worli.A Bench of Chairperson Justice S. S. Shinde and Administrative Member Shrikant M. Deshpande observed:“The legislature in its wisdom has given perpetual succession and...

Promoter Must Pay Delay Interest For Accepting Over 10% Without Registered Sale Agreement: Haryana RERA

The Haryana Real Estate Regulatory Authority (HRERA), Gurugram, has held that a promoter who accepts more than 10% of a property's cost without first executing a registered agreement for sale violates the Real Estate (Regulation and Development) Act, 2016, and is liable to pay delay interest. Chairman Arun Kumar directed KS Propmart Private Limited to execute a registered agreement for sale with a commercial unit buyer within 60 days. The Authority observed that despite receiving a considerable...