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Ramniklal Tulsidas Kotak And Others vs Varsha Builders And Others on 26 August, 1991

If the promoter holds freehold ownership, the society must receive that ownership. If the promoter holds leasehold rights, the society must receive the full leasehold interest. The promoter cannot whittle down his own estate and pass a lesser interest. Farhat considers the scheme explained in Ramniklal Tulsidas Kotak v. Varsha Builders 1993 (1) Mh. L.J. 323 . The promoter may be an absolute owner, a lessee, an agreement 49 ::: Uploaded on - 24/02/2026 ::: Downloaded on - 24/02/2026 20:48:51 ::: wp1673-2022 & connected-J-F.doc holder with enforceable rights, or an agent of the owner. In each situation, the key requirement is that the promoter must have sufficient entitlement to construct and sell flats on ownership basis. Where he is not absolute owner, the owner must be made a confirming party so that the flat purchasers are not left remediless. The object of the Act is protection of purchasers and prevention of malpractice.
Bombay High Court Cites 23 - Cited by 10 - Full Document
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