Smriti Legal LLP
Smriti Legal LLP is a specialized law firm focused on laws governing the real estate sector, more specifically disputes arising between Developers, landowners and homebuyers. The firm represents clients in disputes arising under the Real Estate (Regulation and Development) Act, 2016 before State RERA Authorities, Appellate Tribunals, and High Courts, handling matters involving landowners, promoters, and allottees. The practice encompasses comprehensive advisory services, including structuring and documentation of Development Agreements, project due diligence and regulatory compliance for real estate projects. The firm also advises on the formation, registration, and governance of residents’ associations and apartment owners’ associations under various statutes. With expertise spanning litigation, advisory, and compliance, Smriti Legal LLP provides end-to-end legal solutions across the real estate sector.
Practice Areas
Real Estate Disputes & RERA Litigation
Real Estate Structuring & Contracts
Residents' Associations & Community Governance
RERA Compliance & Enforcement
Recent Legal Update
Only Promoters required to make pre-deposit before the Appellate Tribunal under RERA, rules the Karnataka Real Estate Appellate Tribunal
Case at a Glance: Judgment dated 26 March 2026 · Appeal No. (K-REAT) 121/2025 · Bengaluru
Team: Adv. E. Suhail Ahmed, Adv. Jasleen Kaur, Adv. Sunil U. C., Adv. Vijeth B. Raj
In a significant ruling, the Karnataka Real Estate Appellate Tribunal (K-REAT), Bengaluru, allowed the appeal filed by Smriti Legal LLP on behalf of an Assignor under an Assignment Agreement, setting aside the Karnataka RERA’s order that had held our client jointly and severally liable to refund amounts to allottees of the “Century Breeze” project developed by M/s. Century Real Estate Holdings Pvt. Ltd.
The Tribunal set aside the impugned order of the Karnataka RERA, which had erroneously fastened joint and several liability upon our client — an assignor who had acted strictly within the contractual framework — to refund amounts of Rs. 16,01,876/- to the allottees. The K-REAT held that:
The Assignor’s rights under the Assignment Agreement, including the right to forfeit earnest money, were contractually valid and enforceable. The allottees had expressly given up their claims against the Assignor under Clause 10 of the Assignment Agreement. Liability for refund rests solely upon the Developer, who received the entire sale consideration of Rs. 59,41,323/- and failed to deliver possession.
This ruling clarifies that an assignor who transfers all rights and obligations under a duly executed Assignment Agreement — and where the allottee has expressly waived claims — cannot be made jointly liable for the developer’s failure to deliver possession. It also settles the important question that the obligation to make a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 while filing an appeal before the Appellate Tribunal is limited to Promoters alone.
Blogs
Can a Real Estate Regulatory Authority direct the jurisdictional Sub-Registrar Office to unilaterally cancel registered instruments – Writ Petition (L) No. 18256 of 2025 | Order dated 06.10.2025
The controversy before the Bombay High Court arose from what began as a routine default under an agreement for sale, but gradually unfolded into a complex jurisdictional puzzle involving Maha-RERA and the registration machinery. Macrotech Developers Ltd., the promoter...
Joint Venture Disputes Between Landowner and Developer Are Outside the Ambit of RERA: MPREAT in Bhopal Development Authority v. Roop Laxmi Singh (2026)
The Madhya Pradesh Real Estate Appellate Tribunal (MPREAT), in its decision dated 08 January 2026 in Bhopal Development Authority v. Roop Laxmi Singh, has authoritatively clarified that disputes arising out of joint venture or development agreements between a...
What legal principles and facts set apart the rulings in the case of Pooja Constructions vs The Secretary, 2024 and Wadhwa Group Holding Private Limited vs Vijay Choksi, 2024?
Introduction The interpretation of the term "promoter" under the Real Estate Regulation Act, 2016 (RERA) has emerged as a critical issue in judicial decisions involving real estate development and disputes between developers, landowners, and homebuyers. Two...
What Our Clients Say
Exceptional real estate lawyers—thorough and precise in reviewing documents, with strong expertise in handling routine matters seamlessly. Always prompt, reliable, and professional in their approach. One stop solution for all land related legal solutions. Very highly recomended for all land related documents and departmental clearences including RERA.
5 star for services. 5 star for their legal advice and file handling.
“We sincerely appreciate the dedication and professionalism shown by Smriti Legal LLP in representing our Allottees’ Welfare Association. Their legal expertise, strategic guidance, and commitment have been instrumental in pursuing our case for project completion. We value their outstanding service and unwavering support throughout the litigation process.”
“Hereby express my appreciation for the excellent services provided by Smriti Legal, particularly Jasleen madam and her team, in handling my RERA case. They have been proactive and diligent in addressing my concerns and taking measures to resolve the issue with the builder and residents. I’m satisfied with their efforts and would recommend their services to anyone seeking RERA litigation and advisory expertise.”
Contact Us
Smriti Legal LLP
No. 1/7, Western Wing, 3rd Floor, Unity Building Annexe, Mission Road, Bengaluru – 560 027