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Delayed Flat Possession Does Not End Homebuyers’ Right to Claim Interest: Allahabad High Court
Whitehat Realty Guide
Whitehat Realty26 Oct 20264 min read
Delayed Flat Possession Does Not End Homebuyers’ Right to Claim Interest: Allahabad High Court
Delayed Flat Possession Does Not End Homebuyers’ Right to Claim Interest: Allahabad High Court
Whitehat Realty26 Oct 20264 min readFeatured Guide4 min read
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Project FAQs
Yes. The Allahabad High Court has clarified that accepting delayed possession does not automatically waive a buyer's right to claim interest.
An offer without the required occupancy certificate may not constitute valid possession. Buyers should verify the applicable approvals before accepting the property.
Not automatically. The developer must establish how the restriction affected the project. A later restriction cannot ordinarily justify delays that occurred before it began.
The applicable interest rate depends on the relevant state rules and legal order. In this case, the tribunal awarded interest at MCLR plus one percentage point.
A claim may still be possible. However, the absence of an express limitation period under Section 18(1) does not guarantee that every delayed claim will be maintainable.