Beyond RERA: Addressing Persistent Issues in Homebuyers’ Property Rights

Despite the introduction of the Real Estate (Regulation and Development) Act (RERA) aimed at regulating the real estate sector and protecting the interests of homebuyers, many citizens in India continue to suffer due to the malpractices of unscrupulous builders. This paper examines the persistent issues faced by ordinary citizens who invest substantial amounts in properties yet fail to obtain possession due to delays, fraud, and non-compliance by builders. By analyzing the effectiveness of RERA and its implementation, the research highlights the gaps and challenges in ensuring timely delivery and transparency in real estate transactions. Furthermore, the study delves into the broader implications of these issues on the right to property, a fundamental human right, and explores how such violations undermine the socio-economic stability and trust of citizens in the legal system. Through a critical review of case studies, legal provisions, and enforcement mechanisms, this paper seeks to uncover the root causes of these problems and propose actionable solutions to enhance the protection of homebuyers' rights. The research underscores the need for stricter regulatory oversight and judicial intervention to uphold property rights and human rights in the real estate sector.