Legal & tax
Builder demanding cost escalation? What RERA and the model agreement for sale allow
Why the RERA Act ties you only to the price in your registered agreement, what the 'escalation-free' clause in the model agreements permits a builder to add, how recent Haryana tribunal orders handled extra demands, and the arithmetic on a ₹3.2 lakh escalation demand for an ₹80 lakh flat.
Open and stilt parking can't be sold like a flat, the Supreme Court held. Check your parking promise
In Nahalchand Laloochand v. Panchali CHS (31 Aug 2010) the Supreme Court held that open and stilt parking are common areas under MOFA, not garages or flats. A promoter may only charge the cost in proportion to carpet area. The central RERA FAQ also says open parking cannot be sold.
Deemed conveyance step by step: ₹2,000 to apply, ₹100 a flat only in one case
A Maharashtra society can get a conveyance without the builder under MOFA section 11: apply to the District Deputy Registrar, who must decide within six months. The 2018 GR fixes a ₹2,000 fee and ₹100 per flat stamp duty only if no FSI is balance and all flat agreements are stamped; otherwise adjudication applies.
Sold 51% of a wing? The three-month clock for a builder to apply for your housing society
Maharashtra's RERA Rule 9(1) gives a promoter three months from the date 51% of allottees in a building or wing have booked to apply for the society, and lets the Authority authorise buyers to apply if he fails. A society redeveloping its plot can itself be a promoter.
C-1 dangerous building notice in Mumbai: must you vacate? What Section 354 and the Supreme Court say
Under Section 354 of the MMC Act the Commissioner can order the owner or occupier to pull down, secure or repair a dangerous structure. In Ratilal Pujara (25 Aug 2022) the Supreme Court upheld eviction of a C-1 building. The May 2025 Kalyan collapse was, per reports, not on the dangerous list.
Builder took your money and vanished? Five routes, and what each can and cannot get back
No single route works alone. A MahaRERA refund order under section 18 is the most direct; an FIR and the MPID Act add punishment and attachment but need State action; a consumer case runs in parallel; insolvency needs 100 buyers or 10% of the project, whichever is less.
12 holdout flats, 68 in favour: Bombay HC orders them to sign PAAA and vacate
On 7 July 2026 the Bombay High Court, in an interim order, told 16 dissenting members of an 80-flat Mumbai society to sign the PAAA within two weeks and vacate within six, but only after the developer signs it. Courts treat the Section 79A guidelines as directory, and these rulings fix no single consent percentage.
Tukdebandi: plots split before 15 Oct 2024 are now deemed regularised, no premium. Who qualifies?
Section 9(4) of the Fragmentation Act, inserted by an ordinance of 3 November 2025, deems transfers and partitions made between 15 Nov 1965 and 15 Oct 2024 regularised without premium, for non-agricultural land in municipal, MMRDA-type, cantonment and regional-plan zones.
A RERA number is not a legality certificate: what registration asks for and what it leaves to you
The RERA Act makes the promoter declare title and file approvals on affidavit; the Authority has 30 days, after which the project is deemed registered, and a power to revoke later. Reports from Kalyan-Dombivli say fake papers got RERA registrations for illegal buildings. Verify the approvals with the municipal body.
Possession date missed: refund with interest, or stay and collect delay interest? The Maharashtra rule
Section 18 of RERA lets you withdraw and get a refund with interest, or stay and get interest for each month of delay. In Maharashtra the orders I read apply SBI's highest MCLR plus 2%. At an assumed 11%, Rs 36 lakh paid earns Rs 33,000 a month.
Flat or plot on a power of attorney or from a nominee? What the courts say you do and don't own
The Supreme Court (Suraj Lamp, 2011; Ananthamurthy, 2025) says a power of attorney or agreement does not transfer title; only a registered conveyance does. The Bombay High Court (Shakti Yezdani, 2016) says a society nominee is not the absolute owner against legal heirs.
Unpaid society dues: how a recovery certificate works, and the High Court's 21% interest ruling
Under section 154B-29 a Maharashtra society can get a Registrar's recovery certificate for unpaid dues, collected as land revenue arrears. In January 2026 the Bombay High Court held there is no limitation period, occupiers without registered agreements can be pursued, and a 21% bye-law interest clause is not illegal on its face.