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...

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...

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...

Maharashtra REAT Directs Builder To Hand Over Flat After OC Issued But Possession Not Offered

The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has directed a builder to hand over possession of a flat to homebuyers after they deposit the outstanding amount, holding that the promoter was duty-bound to hand over possession after the project received its Occupancy Certificate (OC) and the buyers expressed their willingness to pay the balance.A Bench of Chairperson Justice S.S. Shinde and Administrative Member Dr. Rajagopal Devara held that the promoter was duty-bound to hand over...

Rajasthan REAT Refuses Delay Compensation, Finds No Proof Bangalore Flat Rent Was Loss Caused By Jaipur Project Delay

The Rajasthan Real Estate Appellate Tribunal has rejected a homebuyer's claim for ₹37.13 lakh in rental expenses allegedly incurred due to delayed possession of a Jaipur flat. It held that he had failed to establish that he would have moved into the Jaipur property but for the delay, or that rent paid for a house in Bangalore was a loss caused by the delay.A Bench of Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma observed that compensation "must be based on proof and...

Rajasthan REAT Refuses To Enhance Compensation For Shop Buyers Over Missing Escalators, Reduced Visibility

The Rajasthan Real Estate Appellate Tribunal (REAT) has refused to enhance compensation to ₹10 lakh for two commercial shop buyers who alleged that missing escalators, construction deviations and reduced shop visibility had affected the commercial viability of their properties in the Capital Galleria project at Alwar.Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma held that compensation must reflect the actual loss suffered, any unfair advantage gained by the developer...

LiveLawBiz RERA Cases Monthly Digest: October 2026

HIGH COURTSAllahabad High CourtRERA| Brochure Clause Allowing 20% Deduction On Refund Without Interest Is Unfair: Allahabad High CourtCase Title Lucknow Development Authority Thru. Its Authorized Signatory Mr. Rohit Singh v. Shivaji SinghCase Number RERA APPEAL No. - 118 of 2026Citation 2026 LLBiz HC (ALL) 87The Allahabad High Court at Lucknow has recently held that a clause in a development authority's brochure permitting it to deduct 20% of the registration amount and return the balance...