Property & RERA Cases involve disputes related to real estate transactions, property rights, and compliance with the Real Estate (Regulation and Development) Act, 2016 (RERA). Here’s an overview of both types of cases:
Property Cases:
Property disputes typically arise due to issues such as ownership, tenancy, partition, inheritance, illegal possession, and disputes over the sale and purchase of properties. Common property-related legal matters include:
- Ownership Disputes: Conflicts over the legal rights of ownership, often arising from unclear titles, inheritance, or fraudulent property transactions.
- Boundary Disputes: Disagreements regarding the physical boundaries or size of a property.
- Tenancy Disputes: Issues between landlords and tenants related to rent, eviction, or maintenance.
- Partition Suits: Filed by co-owners of a property seeking to divide the property among themselves.
- Illegal Possession: Cases involving unlawful occupation or possession of property.
- Sale and Purchase Disputes: Disputes arising from real estate transactions where one party fails to fulfill their contractual obligations.
RERA Cases:
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, protect buyers’ interests, and ensure timely completion of real estate projects. RERA addresses issues between buyers and builders/developers, and its provisions are applicable to both residential and commercial real estate projects.
Common RERA cases include:
- Delay in Possession: Buyers can file complaints if developers delay handing over possession of the property as per the agreement.
- Non-compliance with Project Plans: If the final project delivered differs from the original plans promised by the developer, the buyer can seek redress.
- Refund and Compensation: Buyers can demand refunds or compensation if the builder fails to deliver the project as promised, including interest for delayed possession.
- Non-registration with RERA: Builders failing to register their project under RERA can face penalties, and buyers can file complaints.
- Defective Construction: Complaints can be filed against developers for poor-quality construction or structural defects within a specified period after possession.
Legal Recourse:
For property disputes, cases can be filed in civil courts or specialized tribunals, depending on the nature of the dispute. For RERA-related cases, complaints can be filed with the RERA Authority of the respective state, which provides a quicker and more efficient resolution process.
Both property and RERA cases require professional legal assistance to navigate the complexities of the law, protect your rights, and secure the best possible outcome.