RERA Master

CA Ramesh Agrawal The Supreme Court in a significant ruling has stated that only registering a property does not make someone its legal owner. The judgement, delivered in the Mahnoor Fatima Imran vs M/s Visweswara Infrastructure Private Limited case, has direct implications for millions of Indian homebuyers and investors. If someone has bought a property solely based on a registered sale deed, then have a look at the below points.   Understanding the Law: Registration Does Not Equal Ownership “Ownership of a property comprises several aspects, of which registration is only one,” says Mr. Harsh Parikh, partner at a Law Firm, Khaitan & Co. Under Indian law, properties above Rs. 100 require registration, but that’s not all. “A buyer must also prove full payment, possession, and custody of original title documents,” he explains. Chairman and Director of Prime Developments, Mr. Rakesh Malhotra stated that “Registration provides prima facie evidence of a transaction, but it doesn’t c...

  CA Ramesh Agrawal The Sambhajinagar Municipal Corporation (CSMC) has started an anti-encroachment campaign, to keep the city clean, safer, free up public space, etc. Details of the same are mentioned as below: - Drive Moves To Gulmandi Area: - After cleaning up areas like Beed Bypass and Mukundwadi, now the clean campaign has moved to Gulmandi area, which is busy & crowded market zone. The move shows that the Authorities are serious for removing illegal building all across the city. Illegal Constructions & extension demolished: - The Authorities have targeted illegal buildings & extension of around 25 Shops in bustling Rangar Galli Market & its surrounding areas. During the operation demolition of a run-down building was carried out with the presence of police. Ongoing Efforts : - Additional Municipal Commissioner, Mr. Santosh Wahule explained that this campaign in Gulmandi was carried out on the instructions of the Civic Chief G. Sreekanth. This clean campaign ...

  CA Ramesh Agrawal In a recent decision, the Haryana Real Estate Regulatory Authority (HRERA) has directed a builder to compensate a homebuyer with ₹65 lakh for an inordinate delay of over nine years in handing over a flat in Gurugram. Key Highlights: Background of the Case : The homebuyer had booked a flat in 2013, with the developer promising possession within a stipulated timeframe i.e., 7 th December 2015. However, the possession was delayed by more than nine years. Developer's Justifications : The builder attributed the delay to unforeseen circumstances, including the COVID-19 pandemic, the demise of the chairman of environmental impact assessment (EIA) committee, and inadequate water supply. H-RERA's Verdict : After reviewing the case, HRERA rejected the developer's justifications, deeming them insufficient to warrant such a prolonged delay. The authority emphasized that the reasons cited did not qualify as fo...

  CA Ramesh Agrawal In a significant move to enhance transparency and protect homebuyers' interests, the Odisha Real Estate Regulatory Authority (ORERA) has mandated that developers upload occupancy and completion certificates of housing projects onto its official website. This directive aims to ensure that residential projects comply with established norms and are fit for habitation.​ Definition of Certificates: Completion Certificate: A legal document confirming that a building has been constructed in accordance with approved plans and complies with all applicable regulations. Occupancy Certificate: A document issued by the local authority certifying that a building is suitable for occupation, ensuring it meets all necessary safety and habitability standards. Mandatory Upload Requirement: Developers are now required to upload both completion and occupancy certificates onto the ORERA website upon proj...

Ramesh Agrawal (LL.B. & CA) Chhattisgarh’s Real Estate Regulatory Authority (RERA) has passed an order to hand over the private project i.e., City of Valencia located in “Narada” of Chhattisgarh district to Chhattisgarh Housing Board. This action is to safeguard the interest of plot allotees. Action was taken up against builder Aftab Siddiqui who was reluctant to develop the project & provide even the basic necessities such as Water, Electricity, Sewer, Road, etc. as mentioned in the brochure. Builder prepared a housing project in Narada in 2010 of 1072 plots. Because of the attractive brochure and other unfair means he was able to sell 691 plots and collected over Rs 41 Crores from the public. Instead of developing the project, the builder siphoned off the funds. Project was supposed to be finished by 2015, no development work commenced even after 6 years. Chhattisgarh’s RERA President Mr. Vivek Dhand said that 130 allottees of the project ‘City of Valencia’ located in Narada,...

  Ramesh Agrawal (LL.B. & CA) Real Estate Regulatory Authority (RERA), Gurgaon has given 60 Days civil imprisonment to the owner / Director of a Builder Company namely International Land Developers (ILD) in a contempt case. Adjudicating Officer (AO) of RERA, Gurgaon ordered to Superintendent of District Jail, Bhondsi stating “You are hereby authorised to detain Salman Akbar in civil imprisonment for 60 days… you are directed to produce him on 60th day of his detention before the adjudicating officer.” An arrest warrant was issued earlier on 31st October by the court to produce Salman Akbar on or before December 21, 2022. As per the officials the matter is of January 2013, when the complainant booked a unit in ILD Spire Greens, Sector 37 Gurgaon & an agreement was execute. Builder Company ( ILD ) was supposed to give possession in July 2016, but they failed. In November 2018, allottee filed a complaint in RERA court alleging delay by the promoter in giving possession. Author...