Section 56: Right to legal representation

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 56

Section 56 establishes the statutory right of legal representation before the Real Estate Appellate Tribunal and Regulatory Authority, permitting appearance by legal practitioners, chartered accountants, company secretaries, or cost accountants.

  • Broad Right of Representation: The applicant or appellant may either appear in person or authorize one or more legal practitioners or authorized representatives to present their case.
  • Professional Categories: Authorized representatives include: (a) Advocates, (b) Chartered Accountants (CAs), (c) Company Secretaries (CS), and (d) Cost Accountants (CMA).
  • Promoter & Authority Representation: Promoter, allottee, or Authority may similarly authorize presenting officers or legal counsel.
  • Vakalatnama & Authorization: Requires execution of a formal Vakalatnama or Memorandum of Appearance (MoA) with proof of professional bar or institute membership.
Key Landmark Precedents:
  • Institute of Chartered Accountants of India v. L.K. Ratna, (1986) 4 SCC 537: The Supreme Court recognized the essential role of specialized financial and company law professionals in assisting statutory economic tribunals.
  • Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379: Affirmed that while the right to practice law before courts belongs to advocates, special statutes like RERA lawfully permit multi-disciplinary professional appearance under Section 56.
Courtroom Practice & Strategic Litigation Guidance:

In disputes involving complex forensic escrow diversion, combining an experienced RERA litigator with a forensic Chartered Accountant provides the most effective courtroom strategy before the Authority.