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No Agreement, No Home: How 19 Mumbai Buyers Were Declared Strangers to Their Own Flats

 

 “Mumbai Flat Buyers Left Homeless by Legal Loophole”

  • A recent ruling by the Maharashtra Real Estate Appellate Tribunal (on Nov 11, 2025) has declared that 19 buyers of flats in a redevelopment project in Borivali (project: Anamika Niwas CHS) have no legal right over their flats. 

  • These buyers had paid substantial amounts to the original developer (Aditya Developers) during 2013–2015, but they never signed any agreement with the society itself.

  • After the developer defaulted (construction stopped, dues unpaid), the housing society terminated the redevelopment agreement. The society then obtained a fresh registration from MahaRERA under its own name and decided to complete the project itself. 

  • The Tribunal’s reasoning: there is no “privity of contract” between those 19 buyers and the society — only between buyers and the developer. Since the developer’s contract was terminated, the society owes nothing to those buyers. 

  • In effect, the Tribunal held the buyers to be “strangers” to the project once the society re-registered it. Their appeal was dismissed with costs. 

Bottom line / Implication: For redevelopment projects, simply signing a builder-buyer agreement may not be enough. If the original developer’s agreement with the society is terminated, buyers who did not sign with the society directly risk losing claim over their flats — even if they paid full amounts. 

The article warns all prospective buyers in redevelopment projects: Insist on a tripartite agreement (buyer + builder + society), ensure recognition by the society, get a written NOC, and register under RERA — otherwise, a missing signature can cost you your home.

References:

Read the full Article: https://squarefeatindia.com/mumbai-flat-buyers-left-homeless-by-legal-loophole-tribunal-upholds-societys-right-to-throw-out-old-purchasers/

Full Youtube Video Link: https://youtu.be/WyonsFSAK-s?si=T-mZIvkbDOeChagp

Short Youtube Video Link: https://youtube.com/shorts/nNpnvGijB_s?si=c-o_tks5B0Zim-CQ



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