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ARTICLE · 17 JULY 2019

Lease Transactions Under RERA

Cyril Amarchand Mangaldas
Cyril Amarchand Mangaldas
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Real estate is one of the largest industries in India. In the past two decades, the real estate sector has seen a boost in the country

IndiaReal Estate and Construction
Taher Mandviwala
Taher Mandviwala

Real estate is one of the largest industries in India. In the past two decades, the real estate sector has seen a boost in the country, in terms of the quantum of development (commercial and residential properties) and the price of properties. In spite of the same, real estate has remained the most unregulated of sectors, with every State having a different law to regulate properties. Hence, there was no single superior legislation, which would govern this industry.

The absence of a specific, stringent law for this industry led to exploitation of buyers of the property, by the developers. For example, there could be excessive delay in construction and handing over possession of property, biased/arbitrary contracts, deduction in the usable area of the property by developers, and a lack of transparency in the sector, and such like. Due to these issues, the Government of India, introduced a central legislation viz. the Real Estate (Regulation and Development) Act, 2016 (

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