In a significant ruling, the Bombay High Court, while dismissing a writ petition filed by GK Developers and members of the Bhise family, has held that contractual clauses cannot override the legal rights of flat purchasers, reaffirming that statutory provisions prevail over developer-drafted agreements.

The court made it clear that builders cannot retain long-term control over a property once flats are sold, and that complete ownership must pass to the housing society or residents. The judgment was delivered by Justice Amit Borkar in Writ Petition No. 1647 of 2025, reserved on February 23, 2026, and pronounced on March 17, 2026.