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Existing property owners are also allottees Gujarat RERA

Mar 20 2025

Existing property owners are also allottees Gujarat RERA

In a landmark judgment, the Gujarat Real Estate Regulatory Authority (GujRERA) has granted dual status of allottee and co-promoter to existing society members in redevelopment projects, marking a significant shift in regulatory protection. The authority ruled in favour of a complainant, ordering a developer to complete the sale deed registration process while recognising the complainant's status as an allottee. Previously, RERA protection was limited to new members as original members were considered co-promoters. A senior official of GujRERA stated that the order is significant for any redevelopment project. This order extends RERA protection to existing owners in redevelopment projects," a senior GujRERA. Previously, only the existing homeowners were considered co-promoters after signing an MoU with builders, while new buyers alone held allottee status."  In this particular case, the ruling came despite respondents arguing that the complaint should be dismissed due to the member's co-promoter status. GujRERA maintained that the complaint was valid, acknowledging that the member was also an allottee. Chartered accountant Manan Doshi noted that the decision drew from Maharashtra RERA precedent. In a recent matter, Gujarat RERA determined that a complaint filed by an allottee is maintainable under the RERA Act where project registration is mandatory. It accorded the complainant the status of an allottee under the Act and accordingly entertained his grievance. 
 

 

 

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