Ravindra Babulal Jain and Anr. v State of Maharashtra and Anr.

By Pankhuri Malik & Varsha G Subramanian Introduction In the case of Ravindra Babulal Jain and Anr. v State of Maharashtra and Anr.[1] the Bombay High Court has held that fraudulently evading stamp duty may not

Amendments to Real Estate (Regulation and Development) Bill, 2013

By Varsha G Subramanian Introduction Until 1980s, real estate development and housing construction was primarily the concern of State institutions with very few private promoters. Although, liberalization of the economy, led to several private players

Buyer’s right to refuse possession of flat upheld in case of delay in construction by developer

By Varsha G. Subramanian In a recent case[1], the National Consumer Disputes Redressal Commission (“Commission”) disposed off three complaints regarding inordinate delay in construction of the projects in favour of flat buyers. The Complainants had

Maharashtra Housing (Regulation & Development) Act 2012: Overview – Part II

By Shiju. P.V One of the main reason for the repeal of MOFA[1] was the lack of an effective regulatory arm to implement its provisions. As a result, flat buyers can only approach the consumer forums

Maharashtra Housing (Regulation & Development) Act 2012: Overview – Part I

By Shiju P.V. With the Presidential assent to Maharashtra Housing (Regulation and Development) Act 2012 (the “Act”)[2] in February this year, the State is all set to establish a new authority to regulate the housing

Lenders beware, the property is leased

By Shiju. P. V The Supreme Court has given a very important judgement last week where the Court considered the validity of leases created on mortgaged property. The Court has examined whether the provisions of

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