In Short
Real estate and RERA practice covers everything from verifying title and drafting conveyance documents to pursuing or defending builder-buyer disputes before the Real Estate Regulatory Authority (RERA). S&S Co. represents homebuyers, developers, and investors across Noida, Greater Noida, Delhi NCR and Kolkata's active real estate markets.
What This Practice Covers
Real estate law spans the full lifecycle of property transactions — title investigation, conveyancing, leasing and mortgage documentation — while RERA practice deals specifically with disputes arising from the sale and development of real estate projects, governed by the Real Estate (Regulation and Development) Act, 2016. RERA requires developers to register projects, disclose accurate timelines, and deposit a defined percentage of project funds in a dedicated escrow account, giving homebuyers statutory recourse — possession, refund with interest, or compensation — where a developer defaults.
RERA has been under active judicial and legislative scrutiny through 2026: the Supreme Court has publicly questioned whether state RERAs are functioning as intended for homebuyers, and the Jan Vishwas amendment to Section 68 has converted a defined set of procedural penalties from criminal to monetary — narrowing, but not eliminating, developers' penal exposure for fund diversion and non-registration.
Forums We Appear Before
UP RERA (for Noida/Greater Noida projects)
West Bengal RERA (HIRA, for Kolkata projects)
Real Estate Appellate Tribunal
Delhi High Court — property & title matters
Calcutta High Court — property & title matters
Consumer Disputes Redressal Commissions
Our Real Estate & RERA Services
- Title verification & due diligence — chain of title, encumbrance checks, and confirmation of marketable title before purchase.
- Conveyancing — sale deeds, agreements to sell, gift deeds, and registration.
- RERA complaints — for possession delay, refund, compensation, and structural defect claims against developers.
- Developer-side RERA compliance — project registration, escrow compliance, and defending complaints.
- Lease & mortgage documentation — commercial and residential leases, mortgage deeds, and SARFAESI-linked security documentation.
- Specific performance suits — enforcing agreements to sell where a seller refuses to complete a transaction.
- Industrial plot leasehold assignment — structuring transfers of industrial leasehold rights, including GST-exemption positioning confirmed by the Supreme Court.
Filing a RERA Complaint
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Documentation Review
We review the builder-buyer agreement, payment receipts, RERA registration details, and correspondence regarding delay or defect.
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Complaint Drafting & Filing
We draft and file the complaint before the relevant state RERA (UP RERA or West Bengal's HIRA), specifying the relief sought — possession, refund, or compensation.
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Hearing & Adjudication
We represent the client through hearings before the RERA authority or adjudicating officer, as applicable to the relief claimed.
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Appeal
Where necessary, we appeal adverse orders to the Real Estate Appellate Tribunal.
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Execution
We pursue execution of RERA orders, including recovery of amounts as arrears of land revenue where a developer fails to comply.
Illustrative Scenarios
The following are hypothetical, illustrative scenarios prepared for educational purposes. They are not descriptions of actual client matters, and no outcome is guaranteed in any specific case.
Illustrative Scenario
Homebuyer Seeking Refund After a Three-Year Possession Delay in Greater Noida
A homebuyer who booked a flat with a promised two-year delivery timeline has waited three years past the deadline with no clear completion date. A RERA complaint seeking refund with interest — rather than continuing to wait for an uncertain possession date — is often the more secure path once delay has become chronic rather than temporary.
Illustrative Scenario
Verifying Title Before Purchasing Commercial Property in Salt Lake, Kolkata
An investor wants to purchase commercial space in Salt Lake but the seller's documentation shows a gap in the chain of title from twenty years earlier. Thorough title due diligence — including a search of encumbrances and verification of the missing link — can either clear the purchase or reveal a defect that should reprice or halt the deal before funds change hands.
Illustrative Scenario
Developer Contesting a RERA Complaint Over a Structural Defect Claim
A Greater Noida developer faces a RERA complaint alleging structural defects in a delivered project. An independent structural audit, commissioned promptly and transparently shared with the authority, often resolves genuine defect disputes faster than contesting the claim on procedural grounds alone.
Illustrative Scenario
Buyer Seeking Specific Performance After a Seller Backs Out of a Sale Agreement
A buyer in Salt Lake, Kolkata has paid substantial earnest money under an agreement to sell, but the seller now refuses to complete the transaction after a rise in property prices. A suit for specific performance — rather than merely a refund claim — can compel completion of the sale where the buyer has been ready and willing to perform throughout.
Notable Judgments
Supreme CourtFeb 2026
RERA Institutional Effectiveness — Himachal Pradesh Relocation Matter
Supreme Court Bench Says It May Be "Better to Abolish RERA" Than Let It Keep Favouring Defaulting Builders
Hearing an appeal concerning relocation of the Himachal Pradesh RERA office, a bench led by the Chief Justice remarked that state RERAs appear to be "doing nothing but providing convenience to defaulting builders," and questioned whether the institution should be reconsidered altogether. The Court clarified that any actual abolition would require Parliament to amend or repeal the RERA Act — the remarks operate as institutional pressure, not a binding directive.
Key Takeaway — Developers should expect state RERAs to tighten enforcement in response to this judicial scrutiny — homebuyers pursuing possession-delay or refund claims have real momentum behind stronger grievance redressal.
Jan Vishwas Amendment2026
RERA Section 68 — Decriminalisation Amendment
RERA Decriminalisation Amendment Narrows — But Does Not Eliminate — Penal Exposure for Developers
The Jan Vishwas amendment to Section 68 of the Real Estate (Regulation and Development) Act, 2016 converts a defined set of criminal penalties into monetary ones, easing compliance friction for developers on procedural defaults. The reform is targeted rather than sweeping — RERA retains its penal character for substantive violations such as diversion of homebuyer funds and non-registration of projects.
Key Takeaway — Developers should not read the amendment as blanket decriminalisation — fund-diversion and non-registration exposure remain fully prosecutable, only a defined band of procedural defaults has been civilised.
Government of India2026
GIDC Leasehold Rights — GST Exemption Confirmed
Supreme Court Confirms Assignment of Industrial Leasehold Rights Is Not Subject to GST
The Supreme Court dismissed the Revenue's Special Leave Petitions against a Gujarat High Court ruling that assignment, sale and transfer of leasehold rights in industrial plots allotted by state industrial development bodies are not a supply of service exigible to GST — settling a recurring point of dispute for industrial and warehousing transactions.
Key Takeaway — Buyers and sellers of industrial plot leasehold rights across NCR and West Bengal industrial estates can now structure assignments without a GST overhang on the transfer itself.
See all Legal Updates for this practice area →
Our Approach to Real Estate & RERA
- Coverage of both major RERA regimes relevant to our client base — UP RERA (Noida/Greater Noida) and West Bengal's HIRA (Kolkata).
- Both homebuyer and developer-side experience, giving us a realistic view of how RERA authorities actually decide cases.
- Integrated with our banking & finance practice for matters involving mortgaged or SARFAESI-linked property.
- Founders with 20 years combined experience across commercial litigation, arbitration and regulatory practice.
Frequently Asked Questions
What can a homebuyer do if a builder delays possession?
File a complaint before the state RERA seeking possession, refund with interest, or compensation for delay — RERA registration obligates developers to adhere to the disclosed project timeline.
Can I approach both RERA and a consumer forum for the same builder dispute?
No — the Supreme Court has held that electing RERA for a possession-delay grievance generally bars a subsequent parallel consumer forum claim on the same cause of action.
What should I check before buying property in Noida or Kolkata?
Title verification, RERA registration status, sanctioned building plans and occupancy certificate status, and confirmation of clear, marketable title free of pending litigation or mortgage.
Is GST payable on the transfer of industrial leasehold rights?
No — the Supreme Court has confirmed that assignment, sale and transfer of leasehold rights in industrial plots allotted by state industrial development bodies are not exigible to GST.