Legal & tax
Banks can't jump the queue on MPID-attached property: what the Supreme Court ruled
On 15 May 2025 the Supreme Court held that secured creditors such as banks cannot claim priority over property the State has attached under Maharashtra's MPID Act. The Bombay High Court has since carved out cases where the bank had already taken possession under SARFAESI.
Is there a ₹5,000-a-day fine for living without an OC? What the law and courts actually say
We found no provision that fixes a ₹5,000-a-day penalty for living in a flat without an Occupancy Certificate. The real risks are the Supreme Court's 17 December 2024 directions to banks and utilities, Section 353A(2) of the MMC Act barring occupation, and vacate or demolition orders.
Paid for the flat, but whose land? What your agreement says and what only a conveyance deed does
Under MOFA your agreement states a percentage of undivided interest in common areas, but section 11 requires the builder to convey the land and building to the society, not to each owner. Until that deed exists, the land stays with the builder or landowner. MOFA says nothing on leasehold land or a collapse.
Why a 1BHK and a 4BHK can pay the same maintenance, and the 10% cap on non-occupancy charges
In Maharashtra co-operative societies the Bombay High Court has treated size-based service charges as arbitrary where all members enjoy the same services, but condominiums under the 1970 Act charge by undivided share. A 1 August 2001 state order caps non-occupancy charges at 10% of service charges.
MHADA flat possession delayed? The MahaRERA route and a monthly grievance forum
A MahaRERA order of 11 November 2024 treated the Pune Housing and Area Development Board of MHADA as a promoter in a registered project. Delay claims run under RERA section 18, and MHADA runs a monthly grievance session. I could not verify the viral "₹70 lakh, no possession" case.
How to compare a builder's redevelopment offer: area, rent, PAAA and security
A redevelopment bid is more than 'extra area'. Court papers show it as RERA carpet area, a PAAA, rent, a timeline and security. The Bombay High Court has held the Section 79A guidelines directory and a bank guarantee recommendatory, so the society must compare these terms itself.
Why Mumbai redevelopment stalls: the holdout, the heirs and the missing conveyance
A 2026 Bombay High Court ruling shows a holdout can be made to sign a consent declaration but not yet evicted. Heirs of a deceased member and an incomplete conveyance can also stop a society project, and the bye-laws and MOFA section 11 explain why.
Cancelling a flat booking before the agreement is registered: what you get back and what can be kept
RERA caps what a builder may take before a registered agreement at 10% of the cost and says nothing about automatic forfeiture. The Supreme Court (3 Feb 2025) found 20% forfeiture too high and treated 10% as reasonable on its facts. A MahaREAT order is reported to bar mechanical forfeiture where no agreement was signed.
Bought a plot in an unauthorised layout? Maharashtra has two cut-off dates, and 15 Oct 2024 is only one
Splits made by 15 October 2024 are deemed regularised under the Fragmentation Act. Unauthorised layouts fall under the Gunthewari Act, whose cut-off is 31 December 2020, with plot-holders applying and 10% of unsold plots passing to the Planning Authority.
Rent agreement in Maharashtra: what is law, what is a police order, what "2026 rules" are not
In Maharashtra, section 55 of the Rent Control Act 1999 already requires a registered written agreement, with a landlord fine of up to ₹5,000. Police tenant-detail demands rest on separate orders. The "2026 rent rules" trace to the Model Tenancy Act, and I found no Maharashtra notification adopting it.
Society won't enrol you over a builder dispute? Silence for 3 months can make you a member
The Bombay High Court has held that a builder's unpaid-balance claim or pending suit does not by itself block a registered-agreement buyer from society membership, and section 22(2) deems an applicant admitted if the society communicates no decision within three months. The Supreme Court declined to interfere in February 2026.
Registered, yet not yours? What the Supreme Court said about deeds, title chains and possession
In Mahnoor Fatima Imran (7 May 2025) the Supreme Court said the presumption from a registered deed can be rebutted, a later registration cannot cure a defective chain, and possession must be proved on the ground. Mutation entries do not prove title either.