Agreement for Sale was executed in MOFA hence no jurisdiction of RERA?

By Dr. Sanjay Chaturvedi LLB, Ph.D. Avinash Saraf, Neha Duggar Saraf V/s. Runwal Homes Pvt. Ltd (CC006000000000032) Order dated 13th Oct 2017 The Complainants contend that they have paid 97% of total consideration of the said flat. The respondent has specified in the agreement of sale that the possession of the flat

Deemed Conveyance as per the provisions of MOFA

By Accommodation Times News Service By K K Ramani, (Advocate) The Section 92 of Central Act has repealed the Maharashtra Housing Act.  The Maharashtra Housing Act 2014 itself having been repealed, MOFA will continue to operate. State Act MOFA and Central Real Estate Act both will be enforceable simultaneously in the State

MOFA is scrapped/ Repealed by RERA

By Dr Sanjay Chaturvedi, LLB, PhD The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, popularly known as MOFA was repealed by section 56 of Maharashtra Housing (Regulation & Development) Act 2012 which came into force on 6th Sept 2015. And then The central Act :

State govt replacing MOFA with new act, relief for home buyers

By Accommodation Times (www.accommodationtimes.com) Nagpur: The civic body has decided to implement a new act replacing to the Maharashtra Ownership Flats (Regulations of Promotion of Construction, Sale, Management, and Transfer) Act, 1963, to deter irregularity and to bring more transparency into real estate sector. The MOFA had been introduced for the

Is RERA Retrospective?

By Sanjay Chaturvedi LLB, Ph.D. WRIT PETITION NO. 2737 OF 2017, Bombay High Court. Judgement pronounced on 6th December 2017 The Writ transferred from Supreme Court to Bombay High Court has answered many important questions. The Judgement had specifically said that the provisions of Section 18 is not having penal provisions but

Fit out Possession –Gimmick by builders to delay project & avoid penalties?

By Stuti Galiya, Solicitor & Advocate It has been common for builders to allow purchasers to occupy flats without obtaining occupation certificate (“OC”), which is mandatorily required for occupying flats. In such cases, to protect themselves from any liabilities, builders offer possession for fit outs. The flat owners who have already waited long