#promoter definition

Allahabad High Court rules that a lessee without the right to sell units does not qualify as a 'promoter' under RERA, as the statutory definition mandates the ability to transfer or sell units. The judgment clarifies that leasehold arrangements lacking sale rights fall outside RERA's registration requirements, impacting real estate developers and regulatory authorities.

The Bombay High Court has ruled that a landowner who enables housing development, transfers FSI rights, and facilitates flat sales - even without a formal development agreement or direct cash payment - qualifies as a 'promoter' under MOFA. This triggers mandatory conveyance obligations to housing societies, reshaping how landowners structure joint development arrangements across Maharashtra.

Bombay High Court clarifies that a landowner granting limited development rights while expressly reserving FSI/TDR in the agreement does not qualify as a 'promoter' under the Maharashtra Ownership Flats Act (MOFA). The ruling sets aside an injunction, reinforcing that bare injunction suits are not maintainable where contractual rights are explicitly preserved.

The Bombay High Court has ruled that under Section 11 of the Maharashtra Ownership Flats Act, deemed conveyance cannot include land acquired through incentive-based FSI if owned by a separate corporate entity. This clarifies that promoters cannot leverage third-party land or corporate structures to expand conveyance obligations, protecting cooperative societies from ambiguous title claims and reinforcing the link between development and ownership.

Bombay HC rules that landowners who execute development agreements but retain title cannot be excluded from Section 11 proceedings under the Maharashtra Ownership Flats Act, 1963. The court emphasized that natural justice mandates their impleadment, as any order in deemed conveyance proceedings directly impacts their property rights.

Bombay High Court holds that promoters under MOFA must convey entire right, title and interest in land to housing societies, regardless of private lease arrangements.