M & Z Legal – Advocates & Solicitors

Introduction

Execution of a sale deed is often treated as the end of the promoter-purchaser relationship. RERA, however, imposes several obligations that are not exhausted by conveyance alone. The correct inquiry is whether the specific statutory duty survives and whether the alleged breach and remedy remain legally available.

Conveyance and statutory duties

Section 11 sets out promoter responsibilities; Section 17 addresses transfer of title and documents; Section 14(3) concerns certain structural and other defects within the prescribed period after possession; and Section 18 provides specified monetary remedies. The rights arising under these provisions have different triggers and conditions.

Defective title after sale

Section 18(2) expressly provides compensation for loss caused by defective title and contains a special limitation protection. A registered conveyance is therefore not necessarily a complete defence to a subsequent claim that the promoter conveyed defective title. But the claimant must establish defect, causation and loss.

Possession and structural defects

The five-year period specified in Section 14(3) is tied to handing over possession and applies to the categories of defects covered by that provision. It is not a general five-year warranty for every grievance, nor does it necessarily depend on the sale-deed registration date.

Accord and satisfaction

A promoter may rely on a possession letter, no-dues certificate or settlement clause. Such documents must be examined in context. Whether a particular claim was knowingly settled differs from whether a statutory duty can be contractually excluded. The nature of the right and wording of the agreement matter.

Conclusion

Registration of a sale deed is a major legal event, but not a universal cutoff for RERA remedies. Each claim must be tested against its own statutory ingredients, limitation rules, evidence and any genuine settlement.