Transfer of project to a third party
Transfer of majority rights and liabilities requires prior written consent of two-thirds of allottees and the Authority, without extending the original com
Finin2min summary
Transfer of majority rights and liabilities requires prior written consent of two-thirds of allottees and the Authority, without extending the original completion commitment automatically.
Legal anchors
- Section 15
- State authority procedure
How to analyse it
- Define transaction and rights transferred.
- Exclude promoter-held apartments in consent count.
- Prepare continuity and funding plan.
- Secure authority order before transfer.
Practical illustration
An asset sale transfers development rights and control to a new developer. Corporate form does not remove Section 15 analysis.
What can go wrong?
- Closing before approval
- Assuming shareholder change is always outside RERA
- No handover of records and account
Evidence pack
- Transaction documents
- Allottee consent
- Funding plan
- Handover checklist
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Define transaction and rights transferred.
What is the most important control?
Secure authority order before transfer.
What should be escalated?
Closing before approval, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
- Real Estate (Regulation and Development) Act, 2016 — India Code
- India Code RERA browse page
- MoHUA RERA resource page
- MoHUA RERA FAQs
Secondary commentary may help interpretation, but it is not the source of law.