Case law

Redevelopment judgments & case law

Key court rulings on society redevelopment, explained in plain language — what the court held and what it means for your society and members.

Majority vs Minority

A lawful majority can approve redevelopment and bind dissenters, but only if the quorum, consent and process are correct. Here is where the majority's power ends and a member's rights begin.

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Terminating a Developer

A plain-English guide to when a Mumbai housing society can lawfully remove a builder who delays, abandons or defaults on redevelopment — and the court-tested way to do it.

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Withdrawing Consent

Once you validly consent to redevelopment and sign the registered agreement, you usually cannot take it back. Here is what Mumbai society members need to know.

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Changing Sanctioned Plans

A Mumbai developer cannot alter the sanctioned plan, layout, common areas or your carpet area without flat purchasers' consent. Here is what RERA Section 14 protects, and how to enforce it.

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Right Forum for Disputes

Send a redevelopment dispute to the wrong court and your society can lose years. Here is how to pick the right door in Mumbai — and why it matters.

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Open Spaces & Podium

What the courts and DCPR 2034 say about protecting recreation grounds, set-backs and podiums — and the open-space checks every Mumbai society should make before signing.

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Builder Pays Till Conveyance

Why the developer, not the members, must carry property tax, ground rent and other outgoings on a redevelopment building until the conveyance deed is registered in the society's name.

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Construction Defects

Your developer, not the flat owners, must fix construction defects. Here is the five-year RERA rule, what courts and consumer commissions order, and how to claim.

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No Stamp Duty on Rehab Flat

The rehabilitated flat you get back in redevelopment is not a fresh purchase, so full stamp duty should not apply again. Here is the rule, the PAAA and the tax angle in plain words.

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Builder Cheating Is a Crime

When a redevelopment builder dishonestly cheats your society, it can be criminal cheating under the BNS, not only a civil or RERA dispute. Here is when, and how, your Mumbai society can act.

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Invalid Committee & Elections

A committee that was never validly elected — or whose term has lapsed — cannot conduct fresh elections or take binding decisions. Here is the law and how to fix it.

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