196 results found

The Delhi High Court ("Court") in the recent judgment of Vivek Khanna v. Oyo Apartments Investments LLP, rejected the challenge to the arbitral award filed under Section 34 of the Arbitration and Conciliation Act.

A series of Special Leave Petitions emerged from land transaction disputes in Kancheepuram district, Tamil Nadu, following a public interest litigation filed before the Madras High Court. The Supreme Court maintained a status quo order from 2018 while the original petitioner who initiated the public interest litigation remained conspicuously absent throughout all Supreme Court proceedings.

Transfer refers to any such act by which a property is transferred from one living person to another living person, whether in present or in future.

The High Court of Kerala ("HC"), in the Sanjeevan Swamy case, held that in ex parte proceedings, the Court can issue an order in favour of the party present only if they prove their rights or the opposite party's liability.

Tenancy rights in a property often lead to litigation and disputes upon the death of a tenant. At the core of most such disputes is the ambiguity around the question of who qualifies as a member...

Understanding the distinction between lease and leave and licence arrangements is essential for property owners and occupants in Mumbai. The legal structure chosen affects possession rights, eviction procedures, taxation...

The increasing complexity of land transactions in India has prompted discussions on the applicability of service tax to lease assignments.

Rental housing being predominantly an urban phenomenon, has been in the need of a uniform regulation for long. The Union Cabinet on June 2, 2021 approved the Model Tenancy Act, 2021 ("Act")...

MTA will enable institutionalisation of rental housing by gradually shifting it towards the formal market.

India's real estate market is said to grow to INR 65,000 crore (US$ 9.30 billion) by 2040 from INR 12,000 crore (US$ 1.72 billion) in 2019

The distinction between leasehold and freehold property is a fundamental concept in Indian real estate law, with significant legal and practical implications for buyers, developers, and investors. Understanding these systems is essential, particularly in a country where land ownership is closely regulated and often complex.

As per International Trademark Association "Counterfeiting" is a practice of manufacturing, importing/exporting, distributing, selling or otherwise dealing in goods, often of inferior quality, under a trademark that is identical to ...

The query regarding the feasibility of a lease and leave and license is often answered through commercial feasibility in terms of the applicable stamp duty, particularly in Maharashtra.

Section 19 of the Indian Contract Act, 1872 provides that in an agreement where consent to an agreement if caused by coercion, fraud or misrepresentation...

Where there is a right, there is remedy: the conduit between the substantive and procedural laws, often gets muddled in the interplay of statutes; particularly, the interface between the Specific Relief Act, 1963 and other laws governing interest in property.

Urban redevelopment has become a defining feature of Mumbai's real estate landscape. Ageing buildings, structural risks and space constraints have made redevelopment inevitable across residential, commercial and mixed-use...

Rent control legislation in India traces its roots to an earlier era characterised by a welfare state seeking to address acute housing shortages, wartime inflation, large-scale urban migration, unreasonable evictions, and rack-renting.

In the intricate landscape of Indian property law, few subjects generate as much litigation, or as much misconception, as the distinction between long-term possession and absolute ownership.