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  • Article

    When Two Become One: The Supreme Court On Group Insolvency In Real Estate

    In a significant ruling delivered on January 2, 2026, a two-judge bench of the Supreme Court of India comprising Justice Sanjay Kumar and Justice K. Vinod Chandran authoritatively...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bonafide Need And The Demise Of The Landlord: An Examination Of The SC Decision In Vinay Raghunath Deshmukh v. Natwarlal Shamji Gada

    The Supreme Court of India examines whether an eviction suit based on bonafide need survives the original landlord's death and whether legal heirs can amend pleadings to reflect their own requirements. The judgment addresses critical questions about procedural fairness, the doctrine of subsequent events, and the scope of judicial interference under Article 227 of the Constitution.
    IndiaReal Estate and Construction
IndiaLaw LLP
IndiaLaw LLP
  • Article

    Breaking Barriers: SC Strikes Down Rule Hindering Property Registrations Without Title Docs

    The Supreme Court of India in the matter of K. Gopi vs The Sub-Registrar & Ors.
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Litigation Update | Supreme Court Upholds Occupants' Rights In Redevelopment Projects, Reinstates Mhada Orders For Permanent Alternate Accommodation

    The Supreme Court of India has delivered a landmark ruling in a redevelopment dispute, firmly establishing that Permanent Alternate Accommodation Agreements executed under the Maharashtra Housing and Area Development Act are statutory instruments, not mere private contracts. This decision addresses critical questions about developer obligations, occupant rights, and regulatory authority when redevelopment projects fail to honor commitments made to original tenants.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Sale Of Apartments Only On The Basis Of Carpet Area – HARERA

    Earlier, developers/builders quantified area on the basis of Super Area and charged thereon, thereby attaining huge profit margins. Super Area as defined in various agreements between builder and buyer...
    IndiaReal Estate and Construction
    HSA Advocates
    HSA Advocates
  • Article

    The Registration Bill: Catching Up With The Digital World

    On May 27, 2025, the Department of Land Resources, Ministry of Rural Development, Government of India, released the draft Registration Bill, 2025 ("Bill")...
    IndiaReal Estate and Construction
    Obhan Mason
    Obhan Mason
  • Article

    The Saga Of FDI – From Urban To Rural

    The primary objective of foreign investment could not have been more aptly defined than by Dr. Jaslin U. Salmon, National Coordinator, Poverty Eradication Programme, Jamaica; when he stated, "Foreign investment must empower the poor".
    IndiaCorporate/Commercial Law
    Kaden Boriss
    Kaden Boriss
  • Article

    Introduction Of Standing Bodies For Uninterrupted Environmental Clearance: Amendment To The EIA Notification, 2006

    Obtaining an Environmental Clearance is critical for infrastructure, real estate, and manufacturing sector. Historically, project proponents have faced issues in getting Environmental Clearance not because there is an issue with their project but because the State Level Appraisal bodies have become non-functional due to expired tenures resulting in bulk transfer of pending applications to an already overburdened Central Authority.
    IndiaEnvironment
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Amnesty Scheme To The Rescue Of Stalled SRA Projects In Maharashtra

    In a bid to breathe life back into the stalled Slum Rehabilitation projects (SRA Projects) in the state of Maharashtra, the state government recently passed a resolution to frame a policy...
    IndiaGovernment, Public Sector
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Arbitration Act vs. Rera Act- Applicability Of Dispute Redressal Mechanism In Ongoing Pre-Rera Projects.

    This raises a question of which legislation would be applicable to the projects which had commenced prior to the RERA Act coming into force and are still ongoing.
    IndiaLitigation, Mediation & Arbitration
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    FPCE & Anr v. The State Of West Bengal & Anr – A Step Towards Strengthening Protection Of Homebuyers

    This decision of SC is laudable as it has acted as a shield against illegal attempts of the States to water down provisions of RERA and fail or omit to implement it.
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    Homebuyers' Victory: Supreme Court Quashes Builder's Defamation Claim

    The Supreme Court of India in its ruling safeguarding the rights of consumers and reinforcing the constitutional guarantee of free speechhas quashed a criminal defamation complaint filed by a real estate developer...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Supreme Court: Lays Down Principles To Invoke Section 53A Of Transfer Of Property Act, 1882

    The Division Bench comprising of Justice J.B. Pardiwala and Justice R. Mahadevan of the Hon'ble Supreme Court...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Advanced Analytics Aid Real Estate Decisions

    In a changing real estate landscape, advanced analytics are replacing conventional decision-making methods.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Benami Property Liable To Confiscation Under New Law

    The Benami Transactions (Prohibition) Act, 1988 was enacted and has been a part of law for the last of 28 years.
    IndiaReal Estate and Construction
    S&A Law Offices
    S&A Law Offices
  • Article

    Bombay High Court Rules Maintenance Charges Must Be Proportional To Apartment Size

    The Bombay High Court recently made a significant ruling for condominiums registered under the Maharashtra Apartment Ownership Act, 1970 ("Apartment Act") under Sachin Malpani...
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    CCI Penalizes Jaiprakash Associates Limited For Contravention Of Abuse Of Dominance

    On August 9, 2019, CCI imposed a penalty on Jaiprakash Associates Limited (‘Jaypee') for imposing unfair/ discriminatory conditions in a Provisional Allotment Letter (‘PAL') ...
    IndiaReal Estate and Construction
    AZB & Partners
    AZB & Partners
  • Article

    Circle Rate Not Sole Factor To Determine Property's Value: Delhi HC

    On January 31, 2020, the Hon'ble Delhi High Court has held that under Section 47A of the Indian Stamp Act, 1899, circle rate is not the only factor to determine the value of a property.
    IndiaReal Estate and Construction
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Collector's Consent Not Required For Transfer Of Certain Flats

    In the year 1971, the State Government had invited offers for the lease of a plot in Back Bay Reclamation Estate.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Demand For Deficit Stamp Duty On The Basis Of Incorrect Market Value Cannot Be Made Beyond Ten Years Of Registration

    In this Article, we analyze the judgment of the Hon'ble Bombay High Court dated 31st January 2024 in Axayraj Buildwell Private Limited v. State of Maharashtra and Collector of Stamps, Andheri, Mumbai in a writ petition ...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Showing 261–280 of 852 results

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