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2026 Legal May 2026 Real Estate RERA

Ss 15(2) & 18 RERA Act – Obligations of New Transferee Promoter

May 21, 2026 legaldeli

The allottees had purchased the flat from respondent no.2 and the possession was to be given by December, 2017. However, there was delay in handing over the possession and the complaint was filed.

However, in 2019, the new promoter respondent no.1 had taken over the project and communicated to the allottees by the respondent no.1.

Once the respondent no.1 has taken over the project in all respects and undertaken the obligations to hand over possession, the respondent no.1 has stepped into the shoes of the respondent no.2 in terms of Section 15 of the RERA Act.

HELD that the transferee promoter is required to independently comply with all the pending obligations under the Act and also the agreement of sale between the allottees and the erstwhile promoter. The rights of the allottees under Section 18 are protected by Section 15(2) in case of transfer of the property to a third party. Therefore, the respondent no.1 being the successor promoter is liable to pay interest for delayed possession.

Judgment dated 8.5.2026 of Maha REAT, Mumbai, in Appeal No.AT006000000053447 of 2021 of Deepak Jai Prakash Rai and another Vs. Ricardo Construction Pvt Ltd and another

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