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LEGAL KNOWLEDGE CENTRE

Property Judgments
Knowledge Centre

India's comprehensive legal resource covering landmark Supreme Court & High Court judgments on property law. Expert legal summaries, FAQs, and practical guidance across 20 property dispute categories.

πŸ“‹ 20 Categories
βš–οΈ SC & HC Judgments
❓ Legal FAQs
πŸ’‘ Practical Examples
⚠️ This content is for educational purposes only and does not constitute legal advice. For specific legal matters, consult our Legal Consultancy service.

Browse by Category

Click any category to view judgments, principles, and FAQs.

🏠 Ownership Disputes βš–οΈ Partition Suits πŸ“œ Inheritance & Succession πŸ“‹ Will Disputes 🌾 Adverse Possession πŸ—οΈ Land Acquisition 🚧 Encroachment Cases πŸ“ Mutation Issues 🏒 Builder-Buyer Disputes 🀝 Specific Performance πŸ“„ Sale Deed Disputes 🎁 Gift Deed Disputes πŸ“Œ GPA Related Cases 🏘️ Tenant-Landlord Property Matters 🌾 Agricultural Land Disputes πŸ“‹ Property Registration Issues πŸšͺ Easement Rights πŸ‘¨β€πŸ‘©β€πŸ‘§ Family Settlement Cases 🀝 Joint Property Disputes 🚨 Illegal Possession Cases
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Builder-Buyer Disputes

Overview Legal Principles SC Judgments HC Judgments FAQs Examples

πŸ“‹ Overview

Builder-buyer disputes are among the fastest growing category of property litigation in India, involving delayed possession, defective construction, deviation from sanctioned plans, and refund disputes.

βš–οΈ Key Legal Principles

1 RERA (Real Estate Regulatory Authority) governs all registered projects
2 Builder must deliver as per Buyer Agreement specifications
3 Penalty at prescribed rate for delayed possession
4 Consumer Forum also has jurisdiction alongside RERA

πŸ›οΈ Important Supreme Court Judgments

βš–οΈ Kolkata West International City v. Devasis Rudra (2019)
(2019) 16 SCC 22 | AIR 2019 SC 3671
Buyer can seek refund with interest if possession not given within agreed time
βš–οΈ Pioneer Urban Land v. Union of India (2019)
(2019) 8 SCC 416 | AIR 2019 SC 4055
Home buyers are financial creditors under IBC and can file insolvency proceedings against builder

πŸ›οΈ Important High Court Judgments

βš–οΈ Delhi HC β€” Ansal Properties v. DRERA (2021)
RERA authority has power to direct registration of projects and impose penalties
βš–οΈ Bombay HC β€” Godrej Properties v. Buyer (2020)
Developer cannot change flat specifications without buyer's written consent

❓ Frequently Asked Questions

Q: What is the RERA timeframe for filing complaints?
A: RERA complaints must be filed within 5 years from the date the cause of action arose. Consumer Forum complaints must be filed within 2 years.
Q: Can I claim interest for delayed possession?
A: Yes. Under RERA, you are entitled to interest at SBI MCLR + 2% on your deposited amount for the period of delay, or full refund with interest.

πŸ’‘ Practical Example

Developer promises possession of flat by December 2022. In 2024, construction is still incomplete. Buyer can file complaint with RERA Authority seeking possession or refund with 10.65% interest per annum.
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