Termination of Real Estate Allotment and Proving Stamp Duty Payment Under RERA

sketch of the Bombay High Court
Case
J P BUILDERS AND DEVELOPERS v. SANTOSH AMARSINGH SANDHU (Bombay High Court, 23-09-2026)
Law
Real Estate (Regulation and Development) Act, Maharashtra Stamp Act.

Highlights of the Judgment:

  • Examination of the promoter's right to terminate a real estate allotment under the Real Estate Regulation and Development Act, 2016, due to non-payment of statutory stamp duty.
  • Analysis of evidentiary requirements for proving the actual payment of stamp duty and registration fees versus mere fund transfers without challan generation.
  • Interpretation of Section 13 of the RERA concerning obligations for executing Agreements for Sale.
  • Legal scrutiny on whether payments made by prior allottees under private MOUs can be credited to a subsequent transferee allottee.
  • Determination of interest liability on refunded booking amounts where the transaction fails due to allottee default.