Real Estate & RERA blog
Plain-language explanations of Supreme Court of India judgments tagged Real Estate & RERA on NyaSis.
Family & Property
Is a Buyer Protected Without Checking Old Records?
Skipping inquiries from the person in possession can destroy a buyer's bona fide claim. R.K. Mohammed Ubaidullah v. Hajee C. Abdul Wahab (2000): claim denied.
10 min read
Family & Property
Is an Unregistered Lease Over 11 Months Valid?
Does an unregistered rent agreement over 11 months hold up? Anthony v. K.C. Ittoop & Sons (2000): possession plus rent creates a protected tenancy.
10 min read
Family & Property
Can a Landlord Raise Rent During a Pending Appeal?
Tenant keeps commercial unit through endless appeals? Atma Ram Properties v. Federal Motors (2004) permits market-rate stay terms after an eviction decree.
12 min read
Family & Property
Can a Builder Sell Open Parking Separately?
Can a builder sell open parking separately? In Nahalchand Laloochand v. Panchali Society (2010), SC held stilt/open parking is common area, not sellable.
10 min read
Family & Property
Can a Builder Force Homebuyers Into Arbitration?
Can a builder force you into arbitration? In Emaar MGF Land Ltd. v. Aftab Singh (2018), SC held consumer complaints for deficiency override arbitration.
9 min read
Family & Property
Are Homebuyers Financial Creditors Under the IBC?
Stuck with a delayed flat? In Pioneer Urban Land v. Union of India (2019), the Supreme Court held flat buyers are financial creditors under the IBC.
11 min read
Family & Property
Can You Get a Full Refund for Delayed Possession?
Delayed flat possession? In Pioneer Urban Land v. Govindan Raghavan (2019), the Supreme Court upheld a full refund with 10.7% simple interest to a buyer.
10 min read
Family & Property
Can Homebuyers Use Both Consumer Court and RERA?
Gurgaon flat stuck unfinished? Imperia Structures v. Anil Patni (2020) says RERA does not bar a consumer complaint against a defaulting builder for delay.
8 min read
Family & Property
Can the Government Take Your Land Without Payment?
Can the government take your land before paying? Indore Development Authority v Manoharlal (2020): Section 24(2) lapse needs no possession and no payment.
11 min read
Family & Property
How Much a Builder MUST Pay for a Delayed Flat?
Delayed flat? In Arifur Rahman Khan v. DLF Southern Homes (2020), the Supreme Court refused to let a Rs 5 per sq ft clause cap compensation for gross delay.
9 min read
Family & Property
Can a Seller Keep Token Money and Refuse to Sell?
Seller took token money for a house, then refuses to register? In Sughar Singh v. Hari Singh (2021), the Supreme Court restored specific performance.
10 min read