Real Estate Law

Real Estate Law is governed by the Real Estate Regulation and Development Act 2016. For any issue in real estate, the legal services of the best and top advocate in RERA should be taken in New Delhi Noida Ghaziabad.

Right to Refund even if OC/CC issued in Real Estate Project and other buyers taking Possession

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up real estate appellate tribunal

Download PDF of this judgment. BENCH-1 THE UTTAR PRADESH REAL ESTATE APPELLATE TRIBUNAL, AT LUCKNOW. APPEAL NO. 585/2021 Aparajita Babbar………………………………………………………….. Appellant. Versus M/s Kindle Infraheights Pvt. Ltd…………………………………….. Respondent. Hon’ble Mr. Justice (Dr.) D. K. Arora, Chairman. Hon’ble Mr. Kamal Kant Jain, Technical Member. Covid-19 the interest shall not be calculated for the delay period from … Read more

Why & When Auction under RERA recovery certificates may frustrate?

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Under the Real Estate (Regulation and Development) Act 2016 (“RERA Act 2016”) a complaint is filed under section 31 or 71 depending on the nature of the relief sought if there is a contravention of any of the provisions of the said Act. However, the powers of the Authority to adjudicate under section 31 is … Read more

Allottee has the discretion to seek refund in case of delay from Promoter

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In the Uttar Pradesh Real Estate Appellate Tribunal Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Aadi Best Consortium Pvt. Ltd. … Appellant; Versus Gita Devi … Respondent. Appeal No. 81/2020 Decided on June 7, 2021 1. The present appeal has been filed by M/s Aadi Best Consortium Pvt. Ltd., Ghaziabad (the “Appellant/Promoter”) under section 44 of the Real Estate (Regulation and Development) Act, 2016 (the “Act”) aggrieved … Read more

Relief from Court where there is “inequality of bargaining power” between contracting parties.

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In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Samar Vijay Singh … Appellant; Versus Vice Chairman, Lucknow Development Authority … Respondent. Appeal No. 143 of 2019 Decided on June 9, 2021 1. This appeal has been preferred by Sri. Samar Vijay Singh (hereinafter referred to as ‘the appellant’) aggrieved against the order of the … Read more

There should be an end of litigation. Delay Condonation Rejected.

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In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Tej Bahadur Singh, Member (Judicial) and Rajiv Misra, Member (Administrative)) Appeal No. (D) 480/2020 Lucknow Development Authority … Appellant; Versus Anupama Singh … Respondent. And Appeal No. (D) 481/2020 Lucknow Development Authority … Appellant; Versus Murli Manohar Verma … Respondent. Appeal No. (D) 480/2020 and Appeal No. (D) 481/2020 Decided on June 11, 2021, [Disposal … Read more

Return of Money order can be made only at the interest rate prescribed in the RERA Act and Rules at MCLR+1%

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Judgement of the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Parsvnath Developers Limited … Appellant; Versus Pankaj Agarwal … Respondent. Appeal No. 503 of 2020 (Complaint No. 120186276) Decided on June 11, 2021 1. This appeal has been preferred by M/S Parsvnath Developers Limited (Promoter) under Section 44 of the Real Estate (Regulation and Development) Act, 2016 (‘the Act, 2016’) aggrieved against the … Read more

Promoter’s Appeal can’t be heard till it deposits the full amount.

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In the Uttar Pradesh Real Estate Appellate Tribunal† (Before Dr. D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Complaint No. 120186000 G.S. Promoters Pvt. Ltd. … Appellant; Versus Mayank Jain and Another … Respondents. Appeal No. (D) 37 of 2021 Decided on February 9, 2021 1. This defective appeal has been filed on 12.01.2021 by M/s G.S. Promoters Pvt. Ltd. (hereinafter “the applicant/promoter”) … Read more

RERA is applicable to all real estate projects, even if a completion certificate is issued to the project.

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The domain of the RERA authority extends even to the projects which have not been registered, and also not exempted from registration. No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, … Read more

How to execute Recovery Certificate issued by UP-RERA against a Builder?

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Introduction In a report published by the Times of India in its online edition dated 03.10.2020 revealed that according to an RTI (filed by Mr. Anand Mishra, Advocate) response, U.P. RERA till RTI reply dated 14.09.2020 disposed of 21200 complaints of a total of 28438 complaints filed in the entire state.  But it has not … Read more

Are Shops built in Group Housing in UP are part of common area

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Introduction 1.       Due to rising population clusters of large apartment buildings through Group Housing are developing in U.P.  To regulate the construction of such Group Housing and apartments therein, help of mainly three legislations are taken which is U.P. Apartment (Promotiion of Construction, Ownership & maintenance) Act, 2010, Urban Planning and Development Act, 1973 and … Read more

Uttar Pradesh Real Estate Appellate Tribunal Regulations, 2019

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UTTAR PRADESH REAL ESTATE APPELLATE TRIBUNAL REGULATIONS 2019 Download PDF or .docx file WHEREAS it is expedient to frame regulations, the Uttar Pradesh Real State Appellate Tribunal in exercise of the powers conferred by Sub-section 2 of Section 53 of the Real Estate (Regulations and Development) Act, 2016, read with Sub-rule (3) of Rule 25 … Read more

Forfeiture of booking amount by builder amounts to unfair and unreasonable Practice

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In a recent judgement passed by Maharashtra RERA Appellate tribunal[1] against the real estate builder confirmed that the arbitrary and one-sided interpretations make the contractual transaction unfair and unreasonable. According to the tribunal, forfeiture of the booking amount is improper and against the provisions of RERA Act, 2016 and for this reason, the builder was … Read more