Best RERA Lawyers in Mumbai

Mumbai's property disputes look different from Delhi's. Space is so scarce that most new homes in the island city and inner suburbs come not from fresh land but from redevelopment: old housing societies torn down and rebuilt, slum land turned into rehabilitation towers with sale flats on top, and ageing cessed buildings replaced with high-rises. Even in the suburbs and the wider Mumbai Metropolitan Region, from Thane and Navi Mumbai to Mira Road, Vasai-Virar and Kalyan-Dombivli, the disputes carry Mumbai's own vocabulary: OC, CC, carpet area, deemed conveyance, transit rent, corpus.

All of it comes under one of the country's most active real estate regulators, MahaRERA. This page is a practical guide for Mumbai buyers and for NCR investors with Mumbai property. We act in Mumbai matters through our associate office there. For MahaRERA's procedure in detail, see our page on MahaRERA.

The bodies involved

• MahaRERA, for registered (and unregistered) projects anywhere in Maharashtra, with its conciliation forum for voluntary settlement.
• The Maharashtra Real Estate Appellate Tribunal, in Mumbai, for appeals.
• The Bombay High Court, for second appeals, writs and many redevelopment disputes.
• The Brihanmumbai Municipal Corporation (BMC) and other municipal bodies across the region, for building approvals, commencement and occupancy certificates.
• The Slum Rehabilitation Authority (SRA), for slum rehabilitation schemes.
• MHADA and its repair and reconstruction board, for its own housing and for old cessed buildings in the island city.
• CIDCO, the planning authority for Navi Mumbai, which leases much of the land there.
• The co-operative department, including the Deputy Registrars, for housing society matters and deemed conveyance.
• The consumer commissions, including the Maharashtra State Commission and the National Commission.

Redevelopment: Mumbai's defining dispute

Society redevelopment

Thousands of Mumbai housing societies from the 1960s to the 1990s have been, or are being, redeveloped. The society signs a development agreement with a developer; members move out on transit rent; the old building is demolished; a larger one is built, with members getting new, usually bigger flats, and the developer selling the extra flats to fund the project and make its profit.

When it works, everyone gains. When it doesn't, members can be out of their homes for years, with transit rent stopped and the site idle. Disputes arise over:

• the developer stopping or delaying transit rent;
• construction stalling because of funding, approvals or disputes with dissenting members;
• the size, specification or location of members' new flats;
• the developer's financial capacity and bank guarantees;
• the society's process for choosing the developer, which is governed by directions under the Maharashtra Co-operative Societies Act, 1960; and
• members who refuse to vacate, holding up everyone else.

For buyers of the developer's sale flats, the project is a registered real estate project under RERA, with all the usual rights. For existing members, the position is more complex. Their main rights lie under the development agreement and the co-operative law, often enforced through arbitration or the Bombay High Court. Whether, and to what extent, existing members can also invoke RERA remedies depends on the arrangement and has been argued in different ways. Taking advice before the society signs, rather than after the project stalls, makes a large difference.

SRA projects

Under Mumbai's slum rehabilitation schemes, a developer rebuilds a slum area, giving eligible slum dwellers free rehabilitation flats, and in return gets extra construction rights to build sale flats. Many SRA projects have stalled, sometimes for well over a decade, leaving slum dwellers in transit accommodation or on unpaid rent, and buyers of the sale component waiting.

The SRA has powers to act against developers who don't perform, including terminating their appointment and appointing a new developer, and the state has introduced measures to revive stalled schemes, including joint ventures with public bodies. Buyers of sale flats in SRA projects are allottees under RERA. Slum dwellers' rights are governed by the slum law and the SRA's processes, with appeals and writs as the remedy. A buyer in an SRA sale building should check the status of the rehabilitation component, because the sale building's occupancy certificate is often linked to the rehabilitation flats being completed.

Cessed buildings and MHADA

The island city has thousands of old "cessed" buildings, rent-controlled tenanted structures on which a repair cess is levied, many in poor condition. Their redevelopment involves landlords, tenants, developers and MHADA, under special planning provisions. Tenants have rights to rehabilitation in the new building. Disputes often reach the Bombay High Court. For buyers of new flats in such projects, RERA applies; for tenants, the rent and MHADA laws and the redevelopment agreement are central.

OC, CC and possession

In Mumbai, the occupancy certificate (OC) is the key document. A building is built on a commencement certificate (CC), issued in stages, and can only be lawfully occupied after the OC is issued. A remarkable number of Mumbai buildings have been occupied for years without an OC, because of deviations, unpaid premiums or incomplete conditions. Living without an OC can mean higher water and property tax charges, difficulty with resale and loans, and in some cases the risk of action against the building.

The Supreme Court held in Samruddhi Co-operative Housing Society v. Mumbai Mahalaxmi Construction (2022), a Mumbai case, that a developer's failure to obtain an OC is a deficiency in service, and the resulting burdens on residents can be compensated. Under RERA, an offer of possession without an OC generally doesn't stop delay interest. If your building has no OC, both MahaRERA and the consumer commission can direct the developer to obtain it. See possession without OC.

Conveyance and deemed conveyance

A society or association should eventually hold title to the land and building. Under MOFA, the Maharashtra flat ownership law that pre-dates RERA, the promoter must convey the title to the society within a set time. Many didn't. Societies in that position can apply to the competent authority, the District Deputy Registrar of co-operative societies, for "deemed conveyance": an order that the conveyance be executed in the society's favour despite the promoter's failure. RERA's Section 17 adds its own duty to convey. Deemed conveyance has helped thousands of Mumbai societies obtain title; the documents needed (including the OC, or proof of attempts to get it) and the process can be demanding.

Area by area

Island city and inner suburbs

From Colaba to Worli, Parel, Dadar and Bandra, most new housing is redevelopment of societies, cessed buildings and SRA land, much of it high-end. Disputes involve redevelopment, OCs, parking, specifications and very large refund or delay claims. MahaRERA's orders and the pre-deposit for developers' appeals carry particular weight where the sums involved are this large.

Western and eastern suburbs

Andheri, Goregaon, Malad, Kandivali and Borivali in the west, and Powai, Ghatkopar, Mulund and Chembur in the east, have a mix of fresh projects on former industrial or mill land, redevelopment and SRA schemes. Delay and possession disputes are common, as are disputes about carpet area and amenities in projects marketed on "lifestyle" features.

Thane

Thane has grown into a city of large towers and townships, with projects along Ghodbunder Road and in the Majiwada and Kolshet areas. Disputes are often about delay, OCs held up by approvals, parking, and handover to societies in large complexes. Thane has its own municipal corporation for approvals.

Navi Mumbai

Navi Mumbai's land was largely acquired and planned by CIDCO, which leases plots to developers and individuals. Leasehold terms, CIDCO's transfer charges and permissions, and its approvals matter in most disputes. Kharghar, Panvel, Ulwe and the areas around the new airport have seen heavy launches, some of them sold on the promise of infrastructure ahead of its arrival.

Mira-Bhayandar, Vasai-Virar and Kalyan-Dombivli

These outer parts of the region offer more affordable housing and have many mid-sized projects by local developers. Problems include delay, unauthorised construction and approvals, water supply, and title issues on land converted from other uses. Several of these areas have also seen action against buildings constructed without proper approvals; buyers should check approvals and title with particular care.

Parking, carpet area and amenities

• Parking. The Supreme Court held in Nahalchand Laloochand v. Panchali Co-operative Housing Society (2010), a Mumbai case under MOFA, that open and stilt parking spaces are common areas that a promoter can't sell separately, while covered garages are treated differently. Under RERA, open parking areas are part of common areas too. Mumbai buyers are often charged for "parking" in various forms; check what you're actually buying.
• Carpet area. RERA requires sale on carpet area as defined in Section 2(k). Older Mumbai agreements quoted "built-up" or "saleable" area. Make sure you know the RERA carpet area of your flat.
• Amenities. Projects marketed with clubhouses, pools and gardens sometimes deliver less. What counts is the agreement, the sanctioned plans and the RERA registration disclosures. See amenities.

Stalled and lapsed projects

MahaRERA has taken a firm line on compliance in recent years, including publishing lists of projects whose registration had lapsed, suspending registrations for missed quarterly filings, and freezing project bank accounts in some cases. For buyers in such projects, the authority's actions can be a lever: a developer whose account is frozen has a strong reason to fix its compliance and engage with buyers. Check your project's status on MahaRERA's portal regularly. Where a project has stalled for good, remedies include refund claims, a takeover by another developer with two-thirds of allottees' consent under Section 15, or completion by the allottees' association. See project transfers.

Before your society signs a redevelopment agreement

Most of the misery in failed Mumbai redevelopments could have been reduced by a better agreement. If your society is considering redevelopment, these are the points we'd look at first:

• The developer's capacity. Its completed projects, current liabilities, pending RERA complaints, and whether it has the funds to complete without relying entirely on sales.
• The selection process. Whether the society followed the co-operative department's directions for appointing a developer, including the general body resolutions and tender process. A defective process invites challenges from dissenting members later.
• Members' new flats. The carpet area of each member's new flat (stated as RERA carpet area), its floor and location, specifications and amenities, all in the agreement.
• Transit rent. The amount, how it increases, how far in advance it's paid, and what happens if it isn't paid. Post-dated cheques or advance payment of a year's rent are common protections.
• Corpus. Any lump sum paid to members, when, and how it's secured.
• Timelines and penalties. A fixed completion date with meaningful penalties for delay, and a right to terminate and appoint another developer if the developer stops work.
• Security. A bank guarantee, or a restriction on the developer selling its flats until members' flats reach set milestones.
• Approvals. Who obtains which approvals, by when, and what happens if they aren't granted.
• RERA registration. The sale component must be registered with MahaRERA before any sale. The society should insist on it and on the separate project account.
• Dispute resolution. An arbitration clause with a sensible seat and procedure.

These agreements are long and technical. Independent legal advice for the society, not just the developer's lawyer, is money well spent.

Transit rent stopped: what members can do

When a developer stops paying transit rent, members typically:

• send a formal notice under the development agreement, invoking the default and termination clauses;
• invoke arbitration and seek urgent interim relief, either from the arbitral tribunal or from the Bombay High Court under Section 9 of the Arbitration and Conciliation Act, 1996, for payment of arrears and to restrain the developer from creating third-party rights;
• consider, through the general body, terminating the developer and appointing another, following the co-operative department's process; and
• where sale flat buyers are also affected, coordinate with them, because a RERA complaint by sale buyers and the society's actions can reinforce each other.

Checks before buying in Mumbai

• MahaRERA registration of the project or phase, the declared completion date and the quarterly and annual filings on the portal.
• Commencement and occupancy certificates: for under-construction flats, the CC for the floors being sold; for ready flats, the full OC.
• Title: a title certificate for the land, and for redevelopment or SRA projects, the development agreement and the status of the rehabilitation component.
• For Navi Mumbai: CIDCO's lease terms and transfer permissions.
• Carpet area as defined by RERA, and what's included.
• Parking: what is being sold, and whether it's a common area.
• Society status: whether a society has been formed and conveyance done, for resale flats.
• The agreement: MahaRERA's model terms, the payment schedule, and possession clauses. See agreement review.

Documents to have ready

• The registered agreement for sale, with its stamp duty and registration receipts.
• The allotment letter, payment receipts and bank statements.
• Letters from the developer about delay, revised dates and possession.
• The CC and OC, or correspondence about them.
• For societies: the development agreement, general body resolutions, transit rent records and correspondence.
• The project's MahaRERA registration details and filings.

How long things take

MahaRERA complaints vary from a few months for straightforward matters to longer for contested ones; conciliation can be quicker if both sides want a deal. Appeals to the Maharashtra tribunal add months, with the developer's pre-deposit securing the buyer's money. Redevelopment disputes in arbitration and the Bombay High Court can take a long time, though urgent interim relief, such as for unpaid transit rent, can be obtained quickly in suitable cases. Deemed conveyance applications depend on the completeness of documents and on objections.

Defects and maintenance in Mumbai societies

Mumbai's monsoon is hard on buildings. Leakage through external walls and terraces, seepage into flats and water-logged basements are among the most common complaints in new towers. For flats handed over within the last five years, Section 14(3) of RERA requires the developer to fix structural defects and defects in workmanship, quality or services within 30 days of being notified, failing which the buyer is entitled to compensation. Until the society takes over, the developer must also provide essential services on reasonable charges. Once the society has taken over, it carries the maintenance responsibility, and old buildings need regular structural audits under the municipal rules. See defects and handover to the society.

Agents in Mumbai

Mumbai has a very large broker market. MahaRERA requires agents dealing in registered projects to be registered and has introduced training and certification requirements for agents and their staff. For buyers, use a registered agent, check the project's MahaRERA page yourself rather than relying on the broker's summary, and pay only into the project's designated account as shown in the agreement. See agent registration.

If a broker took a token amount from you for a booking that never materialised, ask for it back in writing straight away. Delay makes recovery from individual brokers harder, and a registered agent has more to lose by ignoring a written demand.

NCR investors with Mumbai property

A good number of our NCR clients own or have booked flats in Mumbai, Thane or Navi Mumbai, as investments or for family members. For them:

• MahaRERA complaints are filed online, and MahaRERA has made extensive use of online hearings. Our associate office handles appearances and local steps.
• Consumer complaints can be filed in Delhi or wherever the buyer lives or works, under the Consumer Protection Act, 2019.
• Agreements in Maharashtra are registered at the agreement stage, with stamp duty paid then, which is different from the NCR's practice of registering only the conveyance. If an agreement is cancelled, refund of stamp duty is governed by Maharashtra's stamp law and its time limits, so act promptly.
• Society membership: on possession, you'll become a member of the society, which brings its own obligations and bye-laws.

Recovery in Mumbai

MahaRERA orders that aren't paid are recovered as arrears of land revenue, through recovery warrants sent to the Collector of the relevant district (Mumbai City, Mumbai Suburban, Thane, Raigad, Palghar and so on). Recovery in Maharashtra, as elsewhere, has been uneven, and MahaRERA has worked with district administrations to improve it. Buyers who identify the developer's assets and follow up actively tend to see better results. See recovery.

An illustration

Here's a made-up example. A 40-member society in the western suburbs signed a redevelopment agreement in 2015. Members vacated in 2017 on transit rent. The developer stopped paying rent in 2020 and work stopped at the plinth. Separately, a Gurugram-based buyer booked one of the developer's sale flats in the same project in 2016, under a registered agreement promising possession in 2020.

The society invokes arbitration under the development agreement and seeks interim protection from the Bombay High Court, including payment of arrears of transit rent and restraint on the developer dealing with the sale flats. It also explores replacing the developer under the co-operative directions. The Gurugram buyer files a MahaRERA complaint for a refund with interest, attending online. MahaRERA orders the refund. When the society later brings in a new developer, the new developer takes over the project's obligations to allottees under Section 15, with consent, and the Gurugram buyer's refund is settled as part of the takeover terms.

How we help

1. Advise NCR and Mumbai clients on Mumbai property disputes through our associate office.
2. File and pursue MahaRERA complaints and use the conciliation forum where suitable.
3. Advise societies and members on redevelopment agreements before and after signing.
4. Pursue OC, conveyance and deemed conveyance for societies.
5. Handle appeals before the Maharashtra tribunal and matters in the Bombay High Court with associate counsel.
6. File consumer complaints in the NCR for Mumbai projects, where the law allows.

Frequently asked questions

Which RERA authority covers Mumbai, Thane and Navi Mumbai?

MahaRERA, for all of Maharashtra.

Can I complain to MahaRERA about my society's redevelopment?

Buyers of sale flats can. Existing members' rights lie mainly under the development agreement and the co-operative law, often through arbitration or the High Court.

My building has no OC. What can I do?

MahaRERA or the consumer commission can direct the developer to obtain it, and the Supreme Court has held that failure to obtain an OC is a deficiency in service.

What is deemed conveyance?

An order by the competent authority under MOFA that title be conveyed to the society where the promoter has failed to do so.

Can the builder sell me a stilt parking space?

Generally not. Open and stilt parking are common areas, following Nahalchand Laloochand (2010).

I live in Delhi. Do I need to go to Mumbai?

Usually not. MahaRERA uses online hearings, and our associate office handles local appearances.

General information for buyers of property in Mumbai and the Mumbai Metropolitan Region under the Real Estate (Regulation and Development) Act, 2016 and related Maharashtra laws. Redevelopment rules, SRA policies and MahaRERA practice change; check the current position before acting. Not legal advice.