Can MHADA charge property tax before possession? In a reported Tathawade case, MahaRERA said the RERA Act did not empower it to decide whether MHADA could levy the charge for a period when the buyers did not possess the flat and it remained under MHADA’s control. The Authority rejected the buyers’ refund complaint, but did not rule that the levy was lawful or unlawful.
What happened in the Tathawade case?
According to Hindustan Times’ October 2, 2026 report, two buyers purchased a ready-to-move-in apartment in MHADA’s Tathawade project in Pimpri-Chinchwad under the First Come First Serve scheme. Their possession slip listed property tax from August 7, 2023, through March 31, 2025, and maintenance charges from April 1, 2024, through March 31, 2025.
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MHADA offered possession on March 12, 2025; the buyers took physical possession on April 16, 2025. They initially sought a refund of ₹47,210 for property tax and maintenance, along with interest and other relief. After a reported adjustment of ₹30,000 in maintenance charges following reconciliation and mediation, the remaining property-tax refund claim was reported as ₹18,860. The same report described ₹19,500 as the property tax charged for the period; it does not reconcile those two figures.
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What did MahaRERA decide?
Hindustan Times reported that MahaRERA considered whether the refund could be granted under Sections 12 or 18 of the RERA Act and found that the claim did not fall within those provisions. The buyers were not alleging that possession had been delayed beyond the agreed timeline.
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The Authority said the Act did not empower it to decide whether MHADA could levy property tax for a period when the buyers were not in possession and the flat remained under MHADA’s control. It therefore rejected the complaint. That is a limit on what MahaRERA said it could decide in this complaint—not a decision on whether the tax charge itself was valid.
How does MHADA’s January 2025 policy announcement fit in?
In a January 6, 2025 press release, MHADA announced that maintenance charges and property taxes for scattered housing units and plots would apply only from the date of possession. It said Executive Engineers had been instructed to include pending charges in the sale price for future allocations, and referred to paying certain outstanding dues directly to societies. MHADA attributed to its Vice President and CEO, Sanjeev Jaiswal, the statement: “Beneficiaries should not bear any financial burden for delays caused before they take possession.”
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The buyers booked on December 22, 2024, before the announcement; the offer letter came later that month. As reported by Hindustan Times, MHADA argued that the charges had been disclosed in the offer letter and possession slip signed by the buyers. It also said the January announcement had not been followed by an implementing circular. The announcement provides policy context, but the report does not establish that it applied to these buyers or settled their claim.
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This complaint does not establish a universal answer. The reported decision neither confirmed that all MHADA buyers owe property tax before possession nor held that they never do. It also does not identify the correct alternative forum or remedy for a buyer disputing a similar charge. The Maharashtra Housing Department lists the RERA Act 2016, but the available statutory material does not provide enough text to independently assess the provisions discussed in the report.
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For this particular dispute, the reported facts to check are the charge period and type, the terms in the allotment documents, and whether a policy or implementing circular applied to that allotment. The report and press release do not provide a final determination of the levy’s validity.
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