The Builder is obliged to give the Occupation Certificate

The Occupation Certificate (OC) is an important document for those purchasing flats under the MOFA (Maharashtra Ownership Flat Act), and must be acquired before possession of property. Consumer courts will support the purchaser if the said is not done by a developer. Recently, a Consumer Disputes Redressal Forum ordered a developer

HC upholds 1980 land ceiling verdict

A five-judge bench of the Bombay High Court upheld a 1980 ruling by a three-judge bench on holding of land in Maharashtra under the Agriculture Land Ceiling Act. The ruling means that while deciding whether a person is holding land in excess of the ceiling set by the government, his

Govt cannot acquire Private land without the owners approval

The Supreme Court (SC) has held that the government can’t use its "extraordinary" powers to deprive an owner of his land as it would violate the citizen’s Fundamental Right. The Court chided the Haryana government for proposing a sewage treatment plant near a school. Interpreting Section 17(4) of the Land

Madhuvihar Co-operative Housing Society & Ors.

CASE NO.: Appeal (civil) 3233 of 2006 PETITIONER: M/s Jayantilal Investments RESPONDENT: Madhuvihar Co-operative Housing Society & Ors. DATE OF JUDGMENT: 10/01/2007 BENCH: Arijit Pasayat & S. H. Kapadia JUDGMENT: J U D G M E N T KAPADIA, J. What are the rights and obligations of a promoter under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of

Gist of recent judgments – 9th March 2000

Compulsory acquisition of immovable properties by Government of India under Chapter XXC of Income Tax Act  The Government believed that the parties were under-selling immovable properties in order to save more stamp duty registration charges and tax under the Income Tax Act, hence the Govt. of India introduced Chapter XXC