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Maharashtra RERA Law & Practice 1st Edition 2021 by Ramesh S. Prabhu, Kaushik Sampat, S.S. Sandhu, Gautam Chatterjee, Taxmann

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  • General Information  
    Author(s)Ramesh S. Prabhu, Kaushik Sampat, S.S. Sandhu, Gautam Chatterjee
    Edition1st Edition
    Publish YearSeptember 2021


    Taxmann Maharashtra RERA Law & Practice 1st Edition 2021 by Ramesh S. Prabhu, Kaushik Sampat, S.S. Sandhu, Gautam Chatterjee

    WIRC’s Maharashtra RERA Law & Practice covers the Real Estate Regulating Authority Act (RERA) along with Rules, Regulations, Notifications, Circulars & relevant Case Laws for complying with the provisions of RERA. The book aims to organise the learnings of RERA implementation (since its inception) & correlating the legal provisions (such as Circulars, Orders, etc.) to give a complete picture of the law

    This book incorporates the perspectives of the following stakeholders:

    Representatives of Self-Regulating Organisations
    Brihanmumbai Developers Association
    Builders Association of India
    Representatives of Association of Allottees & Professional Bodies
    Bar Association of MahaRERA & MahaREAT
    Members of WIRC of ICAI
    Mumbai Grahak Panchayat
    Confederation of Residents Welfare Association
    Maharashtra Cooperative Housing Federation Ltd.
    Maharashtra Societies Welfare Association
    Mumbai District Cooperative Housing Federation
    Women Legal Forum for CHS
    Engineers Associations
    This book will be helpful to the following:

    Chartered Accountants
    Promoters & Investors
    Real Estate Agents
    Allottees (including Association of Allottees), Flat Purchasers
    Policy Makers, RERA Authorities & Officials from the RERA Appellate Tribunal
    Contractors & Architects
    Project Management Consultants
    Developers & Development Managers
    The Present Publication is the 1st Edition, authored by the study group of industry experts & representatives from all stakeholders, edited by CA Ramesh S. Prabhu & co-edited by CA Kaushik Sampat, reviewed under the guidance of Hon’ble Shri S.S. Sandhu, Shri. Gautam Chatterjee, Shri. Sumant Kolhe, Shri. B.D. Kapadnis & Shri. D.R. Hadadare, with the following noteworthy features:

    [Coverage of each aspect of Real Estate Transactions] with the following:
    Necessary legal provisions
    Steps & prescribed procedures for compliance (Standard Operating Procedures)
    The consequential risk of violation and inviting penal actions
    FAQs and the Judicial Rulings have been included to make the manual relevant and practice-oriented
    Covering representation aspects of appearing before the Real Estate Regulatory Authority, Adjudicating Officer, Real Estate Appellate Tribunal
    [Practical Manual in Simple Language] with the discussion of the provisions along with Rules, Orders, Regulations, and applicable Circulars for each particular chapter
    [Practical Ready Referencer] The various formats, drafts and specimen are included in the manual, where the practitioner may accordingly decide to change the draft considering the facts and the relief claimed
    [360° Coverage] This book covers the legal and practical aspects of Maharashtra RERA along with other legal provisions affecting the real estate transaction such as:
    Income-tax Act
    Goods & Services Act
    Insolvency & Bankruptcy Code
    Consumer Protection Act
    Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act
    Maharashtra Apartment Ownership Act
    Transfer of Property Act, Stamp Duty & Registration
    Prevention of Money Laundering Act
    Foreign Exchange Management Act
    Monopolistic and Restrictive Trade Practices Act
    Development Control and Promotion Regulation
    The detailed contents of the book are as follows:

    General – Applicable to all Stakeholders
    Overview of RERA, 2016
    Journey & Implementation of RERA
    Objective and Purpose of RERA
    Real Estate Sector Deficiencies Addressed by RERA
    The Authorities to Implement the Act
    Powers and Functions of Real Estate Regulatory Authority
    Powers and Functions of Adjudicating Officers
    Central Advisory Council – Establishment and Functions
    Real Estate Appellate Tribunal and its Functions and Powers
    Promoter – From the Promoters Perspective
    Promoter under RERA
    Functions and Duties of Promoter
    Registration of Real Estate Project – Legal Framework
    Documents Required and the Process of Registration
    Operation of RERA Designated Bank Account
    A Financial Planning for Real Estate Projects
    Project Updates to be Done by the Promoters
    Procedure to Extend the Period of the Registration
    Procedure for Amendment or Modification in the Sanctioned Plans
    Transfer of Real Estate Project to Third Party
    The Transfer of Title
    Force Majeure and COVID Impact on Real Estate Sector
    Advertising and Marketing Post RERA
    Importance of End Date/Completion Date and Date of Possession under RERA
    Change in Process and Procedure of Real Estate Business post-RERA
    Car Parking Space and MahaRERA Circular
    RERA Compliance Report by Chartered Accountant
    Agent – From the Real Estate Perspective
    Registration of Estate Agents – Legal Framework
    Process to Obtain Registration for Real Estate Agent
    Functions of the Real Estate Agent
    Impact of RERA on Estate Agents
    Changing Business Landscape for Realtors post RERA
    Allottees – From the Allottees and the Association of Allottees Perspective
    Revocation of Registration of the Project
    Stalled Real Estate Projects and Revival
    Alternative Investment Fund for Real Estate including SWAMIH FUNDS
    Rights and Duties of Allottees
    Association of Allottees
    Remedies for Conveyance and Deemed Conveyance
    Allottee Due Diligence before Purchasing Property
    Professional – From Professional Perspective for CAs, Advocates, Engineers, Architects
    Title Certificate
    Allotment Letter, Agreement for Sale and Sale Deed
    Role and Responsibilities of Architect under RERA
    The Roles and Responsibilities of a Civil Engineer and Issue of Form 2 under RERA
    Quality Assurance and Defect Liability under RERA
    Certificate in Form 3 by Chartered Accountant
    Audit by Chartered Accountant under MahaRERA (Form 616 No. 5)
    Guidance Note on Accounting for Real Estate Transactions 668 (Revised 2012) and Revenue from Contracts with Customers (Ind AS-115)
    Key Audit Challenges – Real Estate Sector
    Real Estate Collaborations & Significance of Corporate Due Diligence
    Redressal – Redressal System: Complaint, Appeal, Second Appeal, Conciliation
    Source Complaints against Unregistered Projects for Registration
    Complaint Filing and its Procedure
    Process of an Inquiry by the Authority or Adjudication Officer
    Appeals under RERA
    Second Appeal before High Court
    Execution of Orders of MahaRERA and Adjudicating Officer
    Execution of a Decree under Code of Civil Procedure, 1908
    Complaints by Association of Allottees
    Offences and Penalties
    MahaRERA Conciliation and Dispute Resolution Forum
    MahaRERA Conciliation Forum Role Model of ADR in Real Estate Sector
    Income Tax, GST – Taxation: Income Tax, GST, Stamp Duty and Registration
    Income-tax Applicable on Real Estate Transactions
    Overview of GST Implications of Real Estate Sector
    Stamp Duty and Registration
    Allied Laws – Other Allied Laws like MRTP, DCPR, IBC, Consumer Protection, etc.
    Real Estate Laws of India
    Salient Features of Maharashtra Ownership Flats Act, 1963 (‘MOFA’)
    Comparison between MOFA and RERA
    Overview of Maharashtra Apartment Ownership Act, 1970
    Development Control Regulations and MahaRERA
    Consumer Protection and RERA: Best Recourse to Allottees
    Draft Format/Specimen of Consumer Complaint
    Landmark Judgments of the Consumer Courts
    Insolvency Resolution Process in Real Estate
    Interplay of PMLA, Benami, FEMA with RERA

    Miscellaneous – Topics Related to Real Estate Rulings & Redevelopment

    Constitutional Validity of RERA
    Analysis of Judgments
    Society Redevelopment and RERA

    Act and Rules – Act, Rules, Notifications, MahaRERA Orders and Circulars

    The Real Estate (Regulation and Development) Act, 2016
    Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017
    Maharashtra Real Estate Regulatory Authority, Chairperson, Members Officers and other Employees (Appointment and Service Conditions) Rules, 2017
    Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms of Complaints and Appeal, etc.) Rules, 2017
    Maharashtra Real Estate Appellate Tribunal (Members 1405 Officers and Employees) (Appointment and Service Conditions) Rules, 2017
    Maharashtra Real Estate Regulatory Authority (Form of Annual Statement of Accounts and Annual Report) Rules, 2017
    Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulations, 2017
    Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017
    Maharashtra Real Estate Regulatory Authority (General) (Amendment) Regulations, 2019
    Maharashtra Real Estate Regulatory Authority (General) (Second Amendment) Regulations, 2019
    Constitution and Operations of Real Estate Regulatory Fund
    MahaRERA Orders and Circulars (Selected and Important)
    Maharashtra Real Estate Appellate Tribunal Regulations, 2019
    Circulars – Appellate Tribunal (Selected and Important)