Byte-Sized Law

  What Documents Should a Homebuyer Preserve Before Filing a RERA Complaint? Planning to file a RERA complaint against a builder or promoter? Before starting the process, organise your documents carefully. Under Section 31 of the Real Estate (Regulation and Development) Act, 2016, an aggrieved person can file a complaint concerning a violation or contravention of the Act, rules or regulations. The applicable form, procedure and fee are prescribed by the relevant rules. The documents should help establish what was promised, what you paid, what the builder was required to do and what actually happened . 1. Booking and allotment documents Preserve copies of: Booking/application form Allotment letter Booking receipt Payment plan Unit or plot details Any initial offer or confirmation issued by the promoter These documents can help establish the original transaction and the terms on which the booking was made. 2. Agreement for Sale The Agreement for Sale is often o...

  Can a Homebuyer Complain to RERA for Delay in Possession? Yes. Where a registered real estate project is delayed beyond the possession date agreed with the allottee, RERA can provide an important legal remedy . The exact relief depends on the agreement, the project status, the extent of delay and whether the buyer wants to continue with the property or withdraw. What does RERA provide for delayed possession? Section 18(1) of the Real Estate (Regulation and Development) Act, 2016 addresses situations where a promoter fails to complete or is unable to give possession in accordance with the Agreement for Sale or by the date specified in it. There are broadly two situations: If the homebuyer wants to withdraw: The allottee can, subject to the statutory requirements, seek return of the amount paid, together with applicable interest and compensation in the manner provided under RERA. If the homebuyer wants to continue: The proviso to Section 18(1) provides for interest for ev...

  Builder Changed the Promised Layout After Booking? Know Your Possible Remedies Booked a flat or plot based on a particular project layout, amenities or location of common facilities, and later discovered that the builder has materially changed the plan? The first step is to compare what was promised at the time of booking with what has actually been sanctioned, constructed or proposed later . Under the Real Estate (Regulation and Development) Act, 2016 (RERA), the sanctioned plans and project specifications are important. Section 14 places obligations on the promoter concerning adherence to sanctioned plans and specifications, subject to the modifications permitted by the Act and applicable rules. The precise position can also depend on the nature of the proposed alteration and the relevant approvals. Start with the documents Collect and preserve: Booking/application form Allotment letter Agreement for Sale Sanctioned project plan Layout and site plans Brochures ...

  Can a Buyer Cancel a Property Booking and Recover the Booking Amount? Booked a flat, plot or other property and now want to cancel the transaction? Whether you can recover the property booking amount depends on why the booking is being cancelled, what the booking form or agreement says, how much has been paid, and whether the promoter or buyer is responsible for the cancellation. First, check the booking documents Before requesting a refund, examine: Booking/application form Allotment letter Agreement for Sale, if executed Payment receipts and bank records Cancellation and forfeiture clauses Correspondence with the builder or seller Project advertisements and representations Any promised possession or construction schedule The exact wording can matter. A clause describing an amount as “non-refundable” or permitting forfeiture does not necessarily answer every legal question; its enforceability may depend on the circumstances and applicable law. What if the...

  What Happens If a Seller Agrees to Sell the Same Property to Two Different Buyers? Discovering that a seller has already agreed to sell the same property to someone else can create a serious property dispute . The legal position depends heavily on the chronology: when each agreement was executed, whether either transaction was completed, whether documents were registered, and what each purchaser knew about the earlier transaction. First, establish the complete transaction history Before taking action, collect and compare: Both agreements to sell or other transaction documents Dates of execution and payment Receipts and bank-transfer records Registered sale deed, if any Encumbrance and registration records Property title documents Possession-related documents Correspondence and communications with the seller Evidence showing whether the later purchaser knew about the earlier agreement The chronology of transactions can be crucial . Section 48 of the Transf...

  Writ Petition vs Appeal Against a Government Order: What Is the Difference? If a government authority passes an order against you, the next question is often: “Should I file an appeal under the statute, or approach the High Court through a writ petition?” These are different legal remedies. The appropriate proceeding depends on the law under which the order was passed, the remedy provided by that law, the nature of the challenge and the circumstances of the case . What is a statutory appeal? A statutory appeal is a remedy specifically created by legislation. If the governing Act provides that an order can be appealed before a particular appellate authority or tribunal, the appeal generally has to be filed according to that statutory procedure. An appeal may allow the appellate forum to examine the legality and, depending on the statute, the factual and evidentiary aspects of the original decision. The limitation period, appellate forum, grounds and scope of the appeal will ...