Tag: Real Estate

RERA Roundup: Issue 2

RERA: Issue 2 of 2026

Periodic Roundups | July 6, 2026 | Practice Area: ,

Issue 2 of 2026 of the RERA Roundup covers significant judicial pronouncements, appellate decisions, High Court rulings and regulatory circulars issued between October 2025 and March 2026.

This edition highlights important developments concerning the definition of “allottee” and “promoter,” delayed possession claims, jurisdictional boundaries of RERA authorities, enforcement of RERA orders, conflicts between homebuyer rights and secured creditors, deemed project registration, arbitration vis-à-vis RERA remedies and the evolving treatment of redevelopment and assignment arrangements. The roundup also analyzes key circulars issued by MahaRERA concerning execution of documents and recovery of amounts awarded under RERA orders.

Deemed conveyance under MOFA

Deemed Conveyance under the MOFA: The 2025 Amendment and Its Implications under RERA

Insights & Updates | June 26, 2026 | Practice Area: ,

Under the existing framework, a promoter/developer is obligated to execute a conveyance deed in favor of the co-operative housing society, company, or association of flat purchasers transferring all rights, title, and interest in immovable property comprising of project land, together with the structures erected thereon. In practice, this obligation has been routinely defaulted, withholding legal ownership and thereby undermining title certainty, impeding redevelopment prospects, and depriving flat purchasers of their rights over common areas. The Government of Maharashtra has recently notified the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment and Validation) Act, 2025 (“MOFA Amendment 2025”), introducing significant reforms to the statutory framework governing the deemed conveyance mechanism. This note sets out an analytical overview of the deemed conveyance framework under MOFA and assesses the key amendments introduced by the MOFA Amendment 2025, placing particular emphasis on the rights of conveyance in projects registered under RERA.

Explore the legal framework governing an agreement for sale under RERA, including mandatory clauses, MahaRERA orders, deviation reports, and compliance obligations for promoters.

Agreement for Sale under the Real Estate (Regulation and Development) Act, 2016: Format, Mandatory Clauses, and Legal Implications

Insights & Updates | May 19, 2026 | Practice Area:

This note examines the statutory framework governing agreements for sale under the Real Estate (Regulation and Development) Act, 2016 and the directions issued by the Maharashtra Real Estate Regulatory Authority (MahaRERA). It discusses the prescribed format of the agreement for sale, mandatory and non-negotiable clauses, the requirement to file deviation reports, and the legal and regulatory consequences of non-compliance by promoters. The note highlights the significance of the agreement for sale as a key consumer protection mechanism designed to ensure fairness, transparency, and accountability in real estate transactions.

Agricultural to non agricultural land conversion

Strategic Land Conversion: Navigating the Shift from Agricultural to Non-Agricultural Use

Insights & Updates | March 10, 2026 | Practice Area: ,

The process of land acquisition and laws governing use of land has posed significant challenges for prospective buyers in Maharashtra. The Government of Maharashtra has recently notified the Maharashtra Land Revenue Code (Second Amendment) Act, 2025 bringing in significant reforms to the framework governing land-use and conversion simplifying the process of land transactions. This note aims to provide an overview of the new legal framework and practical considerations involved in obtaining non-agricultural status for land parcels in Maharashtra.

redevelopment project - essential checks

Essential Checks Before Buying a New Flat in a Redevelopment Project

Insights & Updates | March 4, 2026 | Practice Area: , ,

Given the significant rise in redevelopment activity across Mumbai, this note examines the critical legal, regulatory, and commercial checks that buyers, investors, and financial institutions must undertake before committing to a unit in a redevelopment project. It highlights key considerations under applicable laws such as the Real Estate (Regulation and Development) Act, 2016 and the Maharashtra Ownership Flats Act, 1963, along with practical due diligence measures relating to title, statutory approvals, society consent, and development agreements.

Data center investments in India

Data Centers as a Critical Asset Class: Assessing Power, Cooling, Land-Use, Interconnectivity, and Financing Models

Insights & Updates | February 10, 2026 | Practice Area: , , , , , , ,

Data centers constitute a critical, distinct infrastructure asset class offering stable, long-term returns comparable to regulated utilities. Realizing scalable value requires legal structuring across five interdependent dimensions: reliable, high-capacity power; efficient cooling technologies; complex land-use entitlements; interconnectivity density; and specialized financing frameworks linked to performance and ESG compliance.

RERA: Issue 1 of 2026

RERA: Issue 1 of 2026

Periodic Roundups | January 28, 2026 | Practice Area: ,

We are pleased to present issue 1 of 2026 of S&R’s RERA Roundup for the period April to September 2025. This publication provides a curated overview of significant legal developments under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), as reflected in recent judgments and passed by various Real Estate Regulatory Authorities and appellate forums/courts across India.
As the regulatory framework continues to evolve, these decisions provide valuable insight into emerging interpretative trends influencing the implementation and enforcement of RERA. This edition is intended to serve as a practical reference for stakeholders navigating the dynamic real estate regulatory landscape.

MahaRERA order

MahaRERA Issues Key Circular on Execution of Deeds of Cancellation

Insights & Updates | January 5, 2026 | Practice Area: , ,

Defaults by allottees in making timely payments continue to pose serious challenges for real estate promoters, often resulting in stalled inventory, disrupted cash flows, and project-level financial stress. While the Real Estate (Regulation and Development) Act, 2016 permits cancellation of allotments in accordance with the agreement for sale, the absence of a clear statutory mechanism for giving effect to such cancellation—particularly where allottees refuse to cooperate—has led to prolonged deadlocks. Addressing this long-standing procedural gap, the Maharashtra Real Estate Regulatory Authority (“MahaRERA”) has now issued a significant circular prescribing a standard operating procedure for execution and registration of deeds of cancellation. This note examines the background to the Circular, the judicial developments that prompted it, and its practical implications for promoters, allottees, and registering authorities.

exemptions from Non-Agricultural Tax

Exemptions from Non-Agricultural Use Certificate and Non-Agricultural Tax for Solar and Wind Energy Power Generation Projects in Maharashtra

Insights & Updates | September 17, 2025 | Practice Area: , ,

The Government of Maharashtra (“GoM”) on January 29, 2025 had issued a circular regarding exemptions from non-agricultural use certificates (sanad) for industrial projects. The GoM recently issued another circular on August 7, 2025 introducing important clarifications regarding exemptions from obtaining non-agricultural use certificates (sanad) and payment of non-agricultural tax for solar and wind power projects. This note highlights the similarities, differences, and sectoral focus of the two circulars in order to aid stakeholders in understanding the exemptions in respect of land use for industrial projects and power generation projects in Maharashtra.

sale deed

The Silent Risk in Sale Deed Structuring: Stamp Duty, Under-Valuation Allegations and the Rise of Tax Probes in Land Deals

Insights & Updates | September 16, 2025 | Practice Area:

The process of purchasing property in India is intricate and involves multiple stages, from identifying the property to the signing and registration of a sale deed. While it may appear that once you complete the steps of due diligence, obtain necessary sale permissions, finalize documentation and register the sale deed, the process is complete, real estate transactions may still carry risks that surface later.
This note sheds light on such risks involving stamp duty implications, allegations of under-valuation and covers points to be kept in consideration when structuring sale deeds.