Rights and Duties of the Allottees

Neither the promoter nor the allottee can deny such rights & duties as mentioned in this article no matter what has been documented by the Builder or agreed by the Allottee.

Application Filing by the Home Buyers/Allottees under IBC, 2016

the interest of the allottees is protected and the survival of real estate companies and completion of projects is ensured. As the amendment in the IBC has brought much needed clarity and provided the much-needed right to the home buyers/allottee.

Allottees can file joint (representative) complaint against builder if grievance is same?

If a buyer is dissatisfied with the RERA Authority’s judgement, he or she may file an individual appeal or a buyers’ group may file a collective appeal with the RERA Authority.

Allottees/Buyers must form group or association to counter the violations committed by the builders

All allottees approaching before these forums secure reliefs for them but the execution force is a bit low therefore they feel remediless even after winning a long legal battle. A better option which has come forward is where allottees come forward to form a group and then approach these forums.

Remedies to allottees when the land is disputed

After the registration of the project if any defect comes into light which creates any problem in completion of the project, RERA Act provides remedy for the same.

Outstanding payments to allottees in Real Estate Projects are Financial Debts

The Supreme Court did not agree to the payment of amounts deposited by the promoter to homebuyers on the grounds that it would be preferential payment to one class of creditors.

UP-RERA directs ‘Jal’ to complete ‘Jaypee Greens Knight Court’ project with allottees support

The decision was taken on the demand made by the homebuyers of Jaypee Greens Knight Courts that the promoter completes the remaining work because a new developer may further delay the project.

Banks cannot auction defaulting projects without allottees’ consent- HARERA

HARERA has barred the auction of a loan-defaulting project by bank to recover damages without prior adjustment of allottees’ dues.

MREAT allowed delay of 14 months and 22 days to allottees

In the matter of Mr. Anil Mnagaldas Vade & ors. vs. Siddhitech Developers, the delay in filing an appeal u/s 44 of RERA Act, MREAT allowed delay of 14 months & 22 days to homebuyers.

MAHARERA: Auction of the Property to recover the Money of allottees’

Maha-RERA issued a revenue recovery warrant and sent it to the Thane collector. And was forward to the Tehsildar of the area for property sealing and auctioning to recover the money.

Gujarat RERA: Transfer of common areas to the association of allottees

Since the implementation there has been some confusion about the registration of conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees.