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ARTICLE · 08 OCTOBER 2025

Successor Developers Not Bound By Previous Allottees' Consent, Rules Bombay High Court

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co

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In Tuvin Constructions LLP v. MahaRERA (Writ Petition No. 1673 of 2025), the Bombay High Court ruled that a newly appointed developer can be registered as the promoter of a redevelopment project without obtaining consent from the allottees of the erstwhile developer.

IndiaReal Estate and Construction
Ashoo Gupta
Ashoo Gupta
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In Tuvin Constructions LLP v. MahaRERA (Writ Petition No. 1673 of 2025), the Bombay High Court ruled that a newly appointed developer can be registered as the promoter of a redevelopment project without obtaining consent from the allottees of the erstwhile developer.

The Court reaffirmed that no contractual relationship exists between allottees of a previous developer and a successor developer, and any conditions to the contrary conflict with the Real Estate (Regulation and Development) Act, 2016 (RERA Act).

This ruling provides authoritative clarity for Maharashtra's real estate sector, particularly in cases where a society terminates a defaulting developer and entrusts the project to a successor.

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