MahaRERA Allows Husband to File Complaint Over Wife’s Flat in Delayed Possession Case
Nagpur, Maharashtra | September 1, 2026: A husband can pursue a complaint before the Maharashtra Real Estate Regulatory Authority (MahaRERA) against a developer even when the flat is registered solely in his wife's name, provided he has valid authorisation to represent her.
The ruling came in a delayed possession dispute involving a residential project in Nagpur, where the husband was also the primary co-borrower of the home loan and held a notarised General Power of Attorney (PoA) and authority letter from his wife.
Developer Challenged Husband’s Right to File Complaint
The developer argued that the husband could not maintain the RERA complaint because he was neither the registered owner nor the allottee of the flat.
According to the developer, the sale deed was exclusively in the wife's name, making the husband a third party to the property transaction.
The complaint concerned alleged delay in possession, incomplete amenities and other issues related to the residential project.
Husband Had Power of Attorney From Wife
The husband told MahaRERA that he was not an unrelated third party because he was the primary co-borrower of the housing loan and had been formally authorised by his wife to represent her.
He submitted an authority letter and notarised General Power of Attorney allowing him to file and pursue proceedings before MahaRERA.
The complaint sought relief related to delayed possession, incomplete amenities, compensation and other remedies available under the RERA Act.
What MahaRERA Said
MahaRERA rejected the developer's objection and allowed the complaint to proceed.
The authority noted that the husband was the primary co-borrower and held valid authorisation from the registered allottee.
MahaRERA also referred to the RERA Act's provisions concerning family members and said an authorised spouse or immediate family member cannot automatically be treated as an unrelated stranger when representing the registered allottee.
Why This Matters for Homebuyers
The ruling could be important for families where property ownership and housing-loan arrangements involve different family members.
A property may be registered in one spouse's name while another family member may contribute financially, act as a co-borrower or handle the transaction through a valid Power of Attorney.
The order indicates that, where proper authorisation exists, an eligible family member may be able to pursue a RERA complaint on behalf of the registered allottee.
However, valid documentation and authorisation remain important. The ruling does not mean that any person can automatically file a complaint simply because they are related to the property owner.
What Homebuyers Should Keep Ready
Homebuyers facing delayed possession or incomplete amenities should maintain documents that establish their connection with the property and their authority to act.
These may include:
- Agreement for Sale
- Sale deed or allotment documents
- Housing loan records
- Authority letter
- Power of Attorney, where applicable
- Correspondence with the developer
- Records of promised and pending amenities
Proper documentation can help establish the buyer's or authorised representative's position before the regulatory authority.
What Happens Next
The MahaRERA ruling removes the developer's preliminary objection regarding the husband's right to pursue the complaint.
The underlying issues concerning delayed possession, incomplete amenities and compensation can therefore be considered on their merits, subject to the proceedings before the authority.
For property buyers, the case also highlights the importance of understanding who can legally represent an allottee when seeking relief under RERA.