In a landmark order, the MAHARERA has gone a step ahead in safe guarding the rights of the Homebuyer’s and allowed refund when the developer could not get the Completion Certificate. This will help the buyers protect their money in cases where project is sold and developer fails to get the basic certificates for construction.
Category: RERA Consulting
Reverse Insolvency- Legal Remedy to Homebuyers as Group to get the Project Completed
The reason for stalling of a project can be one or many but the real objective for a homebuyer is to get the best possible remedy which protects the interest of all homebuyers of such a project.
SECTION-8 OF RERA Vs. REVERSE INSOLVENCY
Many Homebuyers are confused between RERA and Reverse Insolvency, and it’s hard to decide which one is better. So here we are explaining the concept of RERA vs Reverse Insolvency.
PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURT
Petition before NCLT can be admitted even if official liquidator has been appointed by the High Court (Held By NCLT and Hon’ble Supreme Court)
Right of Homebuyer’s Association to Interest Free Maintenance Security (IFMS)
Interest Free Maintenance Security becomes a method for the builder to misappropriate funds. Hence every association of buyers should evaluate the refund of IFMS.
Bombay High Court prohibit banks to recovering EMI from Homebuyers
Homebuyers who had taken a loan from the banks to pay for their flats in the Project, were being harassed by the banks who were forcing the homebuyers to pay their EMIs.
Kerala RERA warns Promoters over Marketing of Unregistered Projects
Kerala RERA has warned promoters, agents, firms from advertising real estate projects prior to registering the project and also issued show cause notices to few developers which had indulged in such practice.
How to handle legal notice for auction of the Real Estate Project
The banks have started issuing an auction notice in respect of real estate projects where the builder has defaulted by not completing the construction of the project. Here we are sharing some remedies for the aggrieved homebuyers.
Reduction of stamp duty as a method to boost demand in the Real Estate Sector
By the reduction of duties to be paid at the time of registration, the real estate sector would witness the much-needed boost in demand.
What are Rehabilitation Scheme for Stalled Projects under UP RERA
One of a kind orders that transformed a stalled project into a Rehabilitation project under Section 8 of the RERA.
How IBC is Better than RERA for Homebuyers
IBC undoubtedly appears to be a better alternative in comparison to RERA. IBC offers a time bound resolution of the grievance of the homebuyers.
A Journey of Homebuyer in IBC Laws
A tug of war going on between the companies involved in the real estate sector and the homebuyers since the Insolvency and Bankruptcy Code (IBC) came in force in 2016
Points to remember while filing a case for homebuyers under the newly amended section 7 of IBC
There are certain points which are to be taken into consideration whilst filing a petition for the homebuyers under the newly amended Section 7 of IBC.
Best Legal remedy for Stalled Real Estate Project – A Comparison
More than 5 Lakh homebuyers are struck in the projects which are either stalled for multiple years or has been abandoned. The builder either don’t have money or intention to start construction on such products.
SC allowed infusion of Rs. 625 Crs to complete the Amrapali projects
Amrapali Group is one of the biggest case where lot of homebuyers were struck. The plight of homebuyers of stuck projects is being heard. Hon’ble Supreme Court while hearing the matter of Amrapali Group, on 01/09/2020, asked SBIcap to issue funds of Rs. 625 Crs from the SWAMIH Investment Fund to complete the pending 6 project of Amrapali Group.