The Real Estate (Regulation And Development) Act, 2016: Overview
The Real Estate (Regulation and Development) Act, 2016, a law enacted by the Indian Parliament, intends to safeguard homebuyers and promote investment in the real estate industry. The real estate sector is expanding and contributing significantly to the development of...
Bangalore Development Authority: Jurisdiction of BDA
Introduction The Bangalore Development Authority (BDA) was constituted in 1976 by an Act of the Government of Karnataka. Bangalore's principal planning authority is the BDA. Its operations are governed by the Karnataka Town and Country Planning Act of 1961 (KTCPA). It...
Extent of Overriding Effect of RERA – Karnataka
On 01.05.2017, although The Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the RERD Act) came into full force for the regulation and promotion of the real estate sector especially as regards the correlation between Promoters, Allottees...
MahaRERA approves the Model Allotment Letter
Background The Maharashtra Regulatory Authority released an Order (No. 30 of 2022) regarding the submission of proforma of the allotment letter and agreement for sale for registering a real estate project in compliance of Section 4(2)(g) of the Real Estate (Regulation...
Landmark Judgements: Real Estate (Regulation and Development) Act
Introduction The RERA Act, 2016 is a comparatively recent legislation. The provisions established have been done so with due diligence to all possible legal scenarios and a wide pallet of recourses have also been mentioned. That being said, disputes still arise...
What happens when parties cannot afford a lawyer?
Disputes between Allottees and Promoters - What happens when parties cannot afford a lawyer? Introduction: The right to legal aid enshrined in the constitution of India is safeguarded by the establishment of the National Legal Services Authority (also known as...
What is an Occupancy Certificate?
An Occupancy Certificate is a document that declares a commercial or residential building ready for occupation. It is issued by the local authority to the developer within 30 days of application, certifying that the building has been constructed according to the...
Are resolutions passed by Apartment Owners’ Associations binding
Often, it becomes difficult to determine the binding effect and nature of resolutions passed by apartment owners’ associations on the apartment owners / members who constitute the Association. This ambiguity is centred around a number of questions: whether the rules...
Developer can collect maintenance only upon receipt of OC
1. INTRODUCTION The complaint in the above case arose out of the allotment of incomplete apartments in a project where the developer had failed to obtain the Occupancy Certificate (hereinafter referred to as "OC") thereby leading to deficiency in the promised...