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Case Background: Pratibha Tower and Its Controversial History Pratibha Tower was originally a 36-storey luxury residential project in Breach Candy, Mumbai, launched in 1984. It later became the center of a major real estate fraud scandal when authorities found that the developer had overstated the plot area to gain unauthorized Floor Space Index (FSI) benefits. This resulted in illegal additional construction and regulatory intervention. Among the early apartment purchasers were well-known personalities, including Lata Mangeshkar and Asha Bhosale , highlighting the project’s high-profile nature. Litigation Timeline and Demolition 1989 – BMC ordered demolition of the top eight floors . 2019 – The remaining structure was demolished after the cooperative society resolved to redevelop the land. 2022 – Society selected Crest Residency Pvt Ltd (JV: RA Enterprises + Crest Venture) as the new developer. June 2025 – Society member Devyani Gulabsi filed a suit challe...

The Supreme Court of India has delivered a landmark judgment settling a long-standing ambiguity in property law concerning minors’ rights over property sales executed by their guardians without prior court approval. The decision, pronounced by a bench comprising Justice Pankaj Mithal and Justice PB Varale , establishes that minors, upon attaining majority, are not required to move the court to cancel such transactions — repudiation through their actions or conduct is sufficient under the Hindu Minority and Guardianship Act, 1956 . Case Background: The Dispute Over Two Plots in Karnataka The judgment arose from an appeal filed by KS Shivappa , who purchased two adjoining plots in Davanagere, Karnataka, from two brothers after they attained majority. These plots were originally purchased in 1971 by their father and natural guardian, Rudrappa , in the names of his minor sons. Soon after, Rudrappa sold both plots without obtaining the mandatory court permission required under Section 8(...

Landmark Ruling on Real Estate Disputes In a significant ruling aimed at protecting homebuyers, the Supreme Court of India has held that real estate developers must compensate buyers at the same punitive rate of interest they themselves impose on buyers for payment delays. This decision seeks to establish parity and fairness in the highly contested builder-buyer relationship. The ruling came from a bench of Justices Dipankar Datta and AG Masih , who directed M/s Business Park Town Planners Ltd to refund the principal amount to the buyer with 18% interest per annum , instead of the 9% interest awarded earlier by the National Consumer Disputes Redressal Commission (NCDRC). Case Background: A 12-Year Struggle for Justice The dispute began in 2006 , when homebuyer Rajnesh Sharma booked a plot in the builder’s Park Land project in Haryana for ₹36.03 lakh. By 2011, Sharma had already paid over ₹28 lakh, but possession of the property was not handed over. Instead, the builder offere...

Delhi HC Grants Bail to Retired Major Accused of Cheating Homebuyers The Delhi High Court has granted bail to retired Major Surendra Kumar Hooda , who was accused of cheating and criminal breach of trust in cases related to delayed real estate projects . The bail was granted in three cases registered in 2016 , primarily considering Hooda’s age (82 years) and deteriorating medical condition . The court's decision comes in the backdrop of India's Real Estate Regulatory Authority (RERA) Act , which aims to protect homebuyers from fraud and ensure accountability in real estate projects . Why Was Major (Retd.) Surendra Kumar Hooda Arrested? 📌 Accusations: Hooda was accused of cheating investors by collecting large sums of money through real estate projects under A N Buildwell (ANB) , namely Spire Edge and Spire Woods , without completing them. 📌 Arrest & Legal Proceedings: Arrested on September 20, 2017 , while undergoing treatment for a brain stroke . December 20...