Landowners also liable along with the Builder for Shortcomings in Construction of Flats: Upholds Supreme Court
The Apex Court has recently held in the case of Akshay & Anr. v/s Aditya & Ors that landowners are jointly and severally liable along with builders in consumer cases for deficiency of services. The Apex Court held that landowners cannot absolve themselves from liabilities by revoking power of attorney (“POA”) between them and builders executed for […]
Occupancy certificate (OC) or Completion certificate (CC) is now mandatory for issuing letters of possession: Directive by UP-RERA
In a recent directive vide Order No. 7316/U.P. RERA/Admin./2024-25, dated 29/05/2024, the Uttar Pradesh Real Estate Regulatory Authority (“UP RERA”) has mandated that builders/ developers must secure an occupancy certificate (“OC”) or completion certificate (“CC”) before issuing possession letters to homebuyers. In order to obtain the OC/ CC, the promoter must submit an application along […]
Landlord entitled to receive compensation in the form of ‘mesne profits’ from tenant in case tenant continues to retain possession even after tenancy rights are extinguished: Observes Supreme Court
In the recent case of Bijay Kumar Manish Kumar Huf v. Ashwin Bhanulal Desai, the Hon’ble Supreme Court of India, drawing support from its earlier judgment in the case of Indian Oil Corporation Ltd. v. Sudera Realty Private Limited, held that if a tenant continues to be in possession of the rented premises even after his right […]
Partition Can Also Be Achieved Through a Settlement or Verbal Agreement: Reiterates Supreme Court
The Supreme Court has made a significant observation in the matter of H. Vasanthi v. A Santha, stating that it is not compulsory that partition should be effected exclusively through a written instrument in strict accordance with the requirements of law. In the specific case at hand, the plaintiff’s contention centered around the ancestral property, tracking it […]
Though Agreement To Sell does not confer Title, Possessory Right of prospective purchaser protected under Sec 53A Transfer of Property Act : Observes Supreme Court
The Hon’ble Supreme Court in the matter Ghanshyam v Yogendra Rathi has held that even though an Agreement to Sell does not transfer proprietary rights in an immovable property, however, when the prospective purchaser performs his part of the contract and receives possession of the property, then he/she is said to have acquired possessory title and the […]
If a claim of tenancy appears to be prima facie baseless, civil court can refuse reference to land tribunal- Opines Kerala High Court
The Kerala High Court on April 17, 2022 in the matter of Annamma & Ors v. P.V. Varkey & Ors., while dealing with a tenancy case established that simply because a contention was raised in the written statement, there is no necessity for the court to refer it to the land tribunal, if it prima facie […]
Compliance of pre-deposit under Section 43(5) of the RERA Act before entertainment of appeal in a tribunal- Observes Allahabad HC
The Allahabad High Court on April 16, 2022 in the matter of Air Force Naval Housing Board Air Force Station v. U.P. Real Estate Regulatory Authority observed that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (“the Act“) by a ‘promoter’ before the entertainment of an appeal in […]
Forcible dispossession of private property of a person without following due process of law is violative of both Human & Constitutional Right- Observes Supreme Court
The Supreme Court on April 06, 2022 in the matter of Sukh Dutt Ratra vs State of Himachal Pradesh, observed that forcible dispossession of private property of a person without following due process of law, is violative of both their human right and constitutional right. In the instant case, Sukh Dutt Ratra and Bhagat Ram claimed […]
Logix City developers declared as insolvent and Interim Resolution Professional (“IRP”) appointed – NCLT Delhi
Just few days after the initiation of Corporate Insolvency Resolution Process of Supertech, Jaypee and Mascot Soho, the NCLT, New Delhi on April 1, 2022, declared another Noida based Real Estate Developer Logix city Developers Private Limited (“Logix”) as insolvent vide its order and appointed the Interim Resolution Professional. In the instant case, Colliers International (India) Property Services Pvt. […]
Officers can’t promote encroachers by allotting alternative lands in absence of statutory provision – Observes Madras High Court
The Madras High Court on March 25, 2022 in the matter of S. Karthikeyan & Anr v. District Collector & Ors. once again made clear its rigid stand on the removal of water body encroachments by stating that officers can’t be allowed to promote encroachers by allotting alternative lands elsewhere. The first bench noted that allotment of […]
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