LAND AND PROPERTY DISPUTES

Overview

If the real estate company is in poor financial condition and is unable to continue or finish the concerned real estate project, home-buyers can initiate insolvency proceedings in the National Company Law Tribunal. Before initiating insolvency proceedings, sending a legal notice to the builder serves as a final warning. In case a settlement is still not reached, you should then file the application for initiating insolvency process.

Steps involved in a RERA complaint

    DOCUMENT VERIFICATION

  1. You will be required to share scanned copies of documents related to the property for verification by a lawyer

    2. COMPLAINT DRAFTING

  2. Within 10 days of receiving your documents, the lawyer will draft and share the complaint copy for your review

    3. FILING OF COMPLAINT

  3. The application will be filed before the NCLT within 3 working days of approval of the draft

    4. REPLY

  4. The builder will file a reply to your complaint

    5. HEARING AND ARGUMENTS

  5. RERA will conduct hearings in the matter. MyAdvo will update you after every hearing

    6. JUDGMENT

  6. RERA will issue a final order after the hearing and arguments

    7. EXECUTION

  7. In case of non-compliance of judgment by the builder, execution proceedings will be initiated for attachment of builder’s assets
Required Documents
  1. Application for buying of property in the Project
  2. Builder-Buyer Agreement
  3. Receipts/Proof of payments made to the builder
  4. Letters/ email correspondences between the Buyer and the Builder
  5. Brochure of the Project
  6. Letter of Allotment
Payment Structure

Without Execution

  1. You are required to pay 60% of the case fee to start the work
  2. 40% is payable after getting the final order

With Execution

  1. You are required to pay 60% of the case fee to start the work
  2. 20% upon getting the final order
  3. 20% upon receiving RC (Recovery Certificate)
Frequently Asked Questions

RERA Stands for Real Estate (Regulation and Development) Act, 2016. The word RERA is also used to denote the Real Estate Regulatory Authority. As per the act, every state and union territory in India has to set up a RERA authority. It’s an initiative by the Indian Government in the real estate sector. The Act aims to set up a Real Estate Regulatory Authority (hereafter, ‘RERA’) to ensure speedy justice to home buyers. The Act is designed to ensure timely recovery of money or possession of the property to the buyers, against the builder.

The Real Estate Act 2016 applies to all commercial and residential projects where-
  1. The land is over 500 square meters,
  2. More than eight apartments are to be developed
  3. Ongoing projects which have not received completion certificate on the date of commencement of the RERA Act.
  4. If a real estate developer fails to register a project within three months, the RERA authority

RERA or Real estate development act 2016 was the need of the hour. In the absence of a sector-specific law, the Indian real estate sector suffered from corruption and a lack of transparency. RERA takes care of consumer interests and brings discipline in the real estate sector. RERA has the following broad objectives -
  1. Bring transparency in the real estate sector.
  2. Protect consumer interest by ensuring the time-bound delivery of real estate projects.
  3. Single forum to handle real estate disputes.
  4. Bring standardization in the real estate sector

Ensuring accountability of the builders /developers /Agents /promoters.

Consultation Price

₹2,000

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