Best Legal Practice to Execute RERA Order in Uttar Pradesh This article contains video explanation. Watch video How to execute UPRERA Order? Under the Real […]
How to file Appeal before UP REAT against orders of UP RERA?
How to file appeal in UP Real Estate Appellate Tribunal (REAT)? An appeal is challenging of an order of a lower court/ authority. Under the […]
Adherence to sanctioned plans and project specifications by the promoters under RERA: No change without the consent of the buyer
Adherence to sanctioned plans and project specifications by the promoters under RERA. Rights of the Buyers & Obligation of the Promoter. The RERA Act provides […]
The importance of veracity of Advertisement in Real Estate Projects.
Obligations of promoter regarding veracity of the advertisement or prospectus Where any person makes an advance or a deposit on the basis of the information […]
Can Second Co-Owner Vote & Contest in Elections of AOA?
A co-owner has right to cast vote and contest for the post in the board of management if remaining co-owner(s) have no objection, either expressly or impliedly. It is immaterial whether the name of the co-owners is mentioned at first, second or at any serial in the list of owners in the conveyance deed.
The amount of interest is compensation to the beneficiary.
he Section 71 of the Real Estate (Regulation & Development) Act 2016 empowers only the adjudicating officers to award compensation. As per the rulings of the Hon’ble Supreme Court, interest and damages is also compensation. Hence, those complaints which are filed under section 31 of the RERA Act, 2016 demanding refund plus interest should only be adjudicated by the Adjudicating Officers and not by the Chairperson and members of the RERA. The refund plus interest orders passed by the RERA so far are without jurisdiction hence, null and void.
Fiduciary Relationship in Real Estate Transactions.
When a real estate agent or broker acts in an agency capacity for a buyer or seller client in a transaction, the agent or broker functions under certain legally mandated duties called fiduciary duties, acting in the best interests of the client. Such duties are regulated in some cases and sometimes not.