Real Estate & Property Law

This category focuses on property and real estate regulation, including transactions, development controls, housing disputes, and legal risks in land and built assets, practice before RERA and REAT forums.

Articles in this section draw from my experience in real estate litigation and advisory work. I cover property documentation, title and possession disputes, development regulations, apartment governance, and practical remedies before courts and authorities.

There should be an end of litigation. Delay Condonation Rejected.

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In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Tej Bahadur Singh, Member (Judicial) and Rajiv Misra, Member (Administrative)) Appeal No. (D) 480/2020 Lucknow Development Authority … Appellant; Versus Anupama Singh … Respondent. And Appeal No. (D) 481/2020 Lucknow Development Authority … Appellant; Versus Murli Manohar Verma … Respondent. Appeal No. (D) 480/2020 and Appeal No. (D) 481/2020 Decided on June 11, 2021, [Disposal … Read more

Return of Money order can be made only at the interest rate prescribed in the RERA Act and Rules at MCLR+1%

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Judgement of the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Parsvnath Developers Limited … Appellant; Versus Pankaj Agarwal … Respondent. Appeal No. 503 of 2020 (Complaint No. 120186276) Decided on June 11, 2021 1. This appeal has been preferred by M/S Parsvnath Developers Limited (Promoter) under Section 44 of the Real Estate (Regulation and Development) Act, 2016 (‘the Act, 2016’) aggrieved against the … Read more

Promoter’s Appeal can’t be heard till it deposits the full amount.

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In the Uttar Pradesh Real Estate Appellate Tribunal† (Before Dr. D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Complaint No. 120186000 G.S. Promoters Pvt. Ltd. … Appellant; Versus Mayank Jain and Another … Respondents. Appeal No. (D) 37 of 2021 Decided on February 9, 2021 1. This defective appeal has been filed on 12.01.2021 by M/s G.S. Promoters Pvt. Ltd. (hereinafter “the applicant/promoter”) … Read more

RERA is applicable to all real estate projects, even if a completion certificate is issued to the project.

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The domain of the RERA authority extends even to the projects which have not been registered, and also not exempted from registration. No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, … Read more

How and where to challenge the Election of Society / Board of Management / AOA?

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Introduction A Group of persons may form an association and give it a formal structure by registering it as a society under the Societies Registration Act, 1860.  Under different statutes associations are mandatorily to be formed and be registered as a society. Such association are often referred as statutory associations.  The affairs of such statutory … Read more

How to execute Recovery Certificate issued by UP-RERA against a Builder?

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Introduction In a report published by the Times of India in its online edition dated 03.10.2020 revealed that according to an RTI (filed by Mr. Anand Mishra, Advocate) response, U.P. RERA till RTI reply dated 14.09.2020 disposed of 21200 complaints of a total of 28438 complaints filed in the entire state.  But it has not … Read more

Are Shops built in Group Housing in UP are part of common area

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Introduction 1.       Due to rising population clusters of large apartment buildings through Group Housing are developing in U.P.  To regulate the construction of such Group Housing and apartments therein, help of mainly three legislations are taken which is U.P. Apartment (Promotiion of Construction, Ownership & maintenance) Act, 2010, Urban Planning and Development Act, 1973 and … Read more

All about Election of Apartment Owners Association.

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This article is specific to laws in Uttar Pradesh and also has a video presentation | Download eManual on Apartment Introduction As per the information available on the Website of U.P. RERA there are around 2800 registered Group Housing projects.  Similarly, by an estimation, there would be around equal or more number of already existing … Read more

What is a Deed of Declaration under U.P. Apartment Act ?

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This article is specific to law in Uttar Pradesh and has a video presentation | Download eManual on Apartment Introduction The declaration is defined in Section 3 (m) of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 to mean declaration referred to in Section 12 of the said Act. The contents of declaration … Read more

Handover Process of Common Areas and Facilities from Promoter to AOA

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This article is specific to the law in Uttar Pradesh. The article has a video presentation. | Download eManual on Apartment Introduction The U.P. Government enacted U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, (“2010 Act)”Statement of Objects and Reasons whereof are:            “Housing is a basic human necessity and the quality of … Read more

Legal steps for recovering IFMS & Sinking Fund from a builder by AOA.

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This article discusses the legal position specific to Uttar Pradesh. The article is also published as Legal Opinion: How to recover IFMS from builder? – NOFAA on website of NOFAA Watch the video on this topic or read the article below. | Download eManual on Apartment Introduction It has become a very common problem that … Read more

Uttar Pradesh Real Estate Appellate Tribunal Regulations, 2019

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UTTAR PRADESH REAL ESTATE APPELLATE TRIBUNAL REGULATIONS 2019 Download PDF or .docx file WHEREAS it is expedient to frame regulations, the Uttar Pradesh Real State Appellate Tribunal in exercise of the powers conferred by Sub-section 2 of Section 53 of the Real Estate (Regulations and Development) Act, 2016, read with Sub-rule (3) of Rule 25 … Read more