The landowner says only the developer is responsible for the flat sold from the landowner share. Is that enough?

Answered by Advocate Sharan Jain··RERA & Homebuyer Disputes

Legal Shorts · 53 words

A landowner-share sale needs examination of the seller's actual role and documents. Under section 2(zk), a different constructor or developer and seller may both be deemed promoters and jointly liable for the specified RERA responsibilities. Land ownership alone is not a substitute for that analysis, so preserve the development, allocation and sale chain.

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Buying a landowner's allocated flat does not automatically remove RERA protection or automatically make every landowner a promoter. Examine who developed, constructed, marketed and sold the unit. The explanation to section 2(zk) says that where the constructor or developer and the seller are different persons, both are deemed promoters and jointly liable as such for the specified RERA functions and responsibilities.

Which documents show the landowner's role?

Start with the project registration, development agreement where available, allocation documents, authority to sell, agreement for sale and receipts. Identify who promised construction, who sold your unit, who collected the money and who signed the obligations.

A private allocation between developer and landowner explains their commercial arrangement. It does not by itself answer every buyer-facing statutory duty. Conversely, ownership of the underlying land alone should not be treated as sufficient proof of every allegation without examining the statutory definition and actual role.

What if the landowner says the developer is solely responsible?

Ask for the contractual and statutory basis. If the landowner sold a unit while another person constructed or developed it, the explanation to the promoter definition is directly relevant. Describe those facts and attach the documents rather than merely calling both parties joint promoters.

The internal agreement may allocate costs or indemnities between them. That is different from deciding which responsibilities are owed to you under RERA. The adviser should assess both the statutory position and the relief sought against each respondent.

Does the payment recipient decide everything?

No. Payment records matter, but promoter status is not decided by one bank transfer alone. A payment to a nominated account, a developer-issued receipt and a landowner-signed sale agreement may require the full chain to be examined.

Prepare a transaction chart. For each payment, record the date, amount, recipient, purpose and document acknowledging it. For each promise, record who made it and where. This avoids a complaint in which both sides can point to a missing document and blame the other.

What if the landowner already obtained the completed flat?

The factual stage matters. A subsequent sale of an already acquired unit and a landowner's sale within the development arrangement are not automatically identical. Check the chain of title, original allotment, completion status and the nature of the seller's obligations.

Do not force every resale dispute into a promoter-liability theory. A defect in the resale contract may require a different analysis from a breach of the original project's promoter obligations. Identify what went wrong and when before choosing respondents.

What should a complaint say?

Under section 31, identify the contravention and the role of each person against whom relief is requested. Attach the agreement and relevant allocation or authority records. Ask for relief the competent RERA forum can grant, with a separate analysis if the dispute involves title, compensation or another jurisdiction.

Avoid an indiscriminate list of family members, directors and agents merely because they attended meetings. Explain the legal basis for each respondent. A focused pleading is easier to assess than one that treats everyone associated with the project as interchangeable.

What should I request now?

Send a written request for confirmation of the unit's allocation, authority to sell, outstanding obligations and the person responsible for performing each one. Preserve the project registration details and the seller's reply. If the agreement has not been signed, resolve contradictory responsibility clauses before proceeding.

The practical issue is accountability for this particular unit. Establishing the development-and-sale chain gives an adviser the evidence needed to assess joint promoter responsibility and prevents a private allocation dispute from obscuring your own contract and statutory rights.

This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice on your specific situation.

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Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Real Estate (Regulation and Development) Act, 2016: sections 2(zk),31. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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The builder has not given possession of my flat. Is that a consumer case or RERA?

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My Bengaluru builder has delayed possession. Can I file at RERA from abroad?

Living abroad does not, by itself, prevent a RERA complaint. The Act allows an aggrieved person to complain and permits legal representation. For qualifying possession delay, section 18 distinguishes withdrawing and seeking refund with interest and compensation from staying in the project and claiming delay interest. Start with the possession promise in your agreement, payment records and the builder's communications. Decide the relief you want, then use the applicable Karnataka process and the appropriate forum. A representative can help, but the documents still need to establish the claim.

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I Left the Promoter Company Before the RERA Offence. Am I Liable Just Because I Was a Director?

Section 69 requires a role-and-time analysis for company offences and separately addresses consent, connivance or neglect. A former directorship or resignation date alone is not conclusive. Obtain the alleged offence and period, preserve responsibility and departure records, and distinguish this offence analysis from other personal claims. Section 69(1) turns on the time the offence was committed, so build a dated record of your role.

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Seventy per cent of project receipts must follow section 4(2)(l)(D)'s separate-account, purpose and withdrawal safeguards. A related-company transfer needs examination of its actual project purpose and supporting certifications. Preserve the records and seek a focused section 35 inquiry where warranted, without assuming a complaint automatically freezes the account. A group-company label does not by itself show that a withdrawal served the permitted construction or land purpose.

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The builder replaced my booked corner apartment with another unit. Is my consent needed?

Ask for the original and revised plans before accepting a substitute unit. Section 14(2)(i) ordinarily requires your previous consent for specified changes to the unit agreed to be taken, subject to limited minor-change exceptions. The separate two-thirds project-consent rule is not a blanket answer to an individual-unit substitution. A different unit position, outlook or dimension is not obviously minor, so do not accept that label.

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I bought a shop, not a home. Can I still complain to RERA?

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