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  • Article

    From Priority To Prejudice – The Lenders Dilemma In The RERA Regime

    The real estate sector continues to play a pivotal role in India's economic development, contributing to an estimate of 13% (thirteen percent) of the India's GDP in the financial year 2024-25.
    IndiaReal Estate and Construction
    Argus Partners
    Argus Partners
  • Article

    SPECIFIC RELIEF ACT, 1963 - Developer Can Avail Remedy Of Specific Performance With Respect To "Development Agreement"

    The Appellant is a developer who entered into a Development Agreement in respect of premises situated at Kolkata, West Bengal, with Late Kalidas Sadhu, who was the predecessor-in-interest of the Respondents herein.
    IndiaReal Estate and Construction
AMLEGALS
AMLEGALS
  • Article

    Yearly Rewind: Insolvency

    In this section, we detail the path that the Code has taken in terms of its evolution and emerging jurisprudence; the continual improvements during the past one-year...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Realty Bytes - Quarterly Newsletter - Volume II Of 2024 - September 2024

    Three categories of tenure were specified for the purpose of computation of conversion fee: 30 years, between 30 years and 99 years and between 99 years to 999 years.
    IndiaReal Estate and Construction
    Fox & Mandal
    Fox & Mandal
  • Article

    RERA Act, 2016 - PART- II

    Before implementing RERA, the country's consumer courts handled the complaints made by homebuyers against the builders. These grievances were made in accordance with the Act of the Consumer Protection.
    IndiaReal Estate and Construction
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Supreme Court Stays Bombay High Court Order Releasing Thane Land From “Private Forest” Acquisition: Implications For Forest Land Classification, TDR And Development Rights

    In a significant interim order impacting forest land disputes, urban development, and Transferable Development Rights (TDR) in Maharashtra, the Supreme Court has stayed the operation of the Bombay High Court’s judgment directing the release of approximately 193 acres of land at Manpada, Thane from acquisition under the Maharashtra Private Forests (Acquisition) Act, 1975.
    IndiaEnvironment
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Can The New RBI Norms Bridge The Gap Between Regulation And Reality In Project Finance?

    In June 2019, the RBI introduced the Prudential Framework for Resolution of Stressed Assets but excluded project loans from this.
    IndiaFinance and Banking
    Legitpro Law
    Legitpro Law
  • Article

    RERA Jurisdiction Over Completed Projects With Pending Defect Liability Period: A Comprehensive Legal Analysis

    The question of whether the Real Estate (Regulation and Development) Authority (RERA) has jurisdiction over completed projects with pending defect liability periods presents a nuanced legal position. Based on authoritative judicial precedents and statutory interpretation, RERA generally does not have jurisdiction over projects that have already received completion certificates, even if the 5-year defect liability period under Section 14(3) of the RERA Act, 2016 is still ongoing.
    IndiaReal Estate and Construction
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    Section 28A Of The Land Acquisition Act: Bombay High Court Clarifies That Compensation Is Not Capped By The Foundational Award

    The principle underlying compulsory land acquisition is that when private property is acquired by the State for a public purpose, affected landowners must receive fair and reasonable compensation. However, under the framework of the Land Acquisition Act, 1894, a significant disparity historically emerged between landowners who sought judicial enhancement of compensation under Section 18 and those who did not.
    IndiaReal Estate and Construction
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Foreign Investment In Indian Real Estate: Unlocking Potential In A Complex Regulatory Environment

    Despite this inherent potential, India has underperformed in attracting sustained foreign investment in real estate when compared with other emerging markets.
    IndiaGovernment, Public Sector
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Insolvency Law Meets RERA, PMLA And NBFCs : Conflicts, Tension And Reforms

    The Insolvency and Bankruptcy Code, 2016 (IBC) was designed for time‐bound corporate resolution, RERA (2016) protects homebuyers in real estate, and PMLA (2002) combats financial crime. When a real‐estate firm enters insolvency or fraud is alleged, these laws collide.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Alba Law Offices Newsletter – August, 2024

    Adding to the rights of accused against arbitrary and adverse effects on their fundamental and legal rights, the Supreme Court while hearing the instant case under the PMLA laid down the following:
    IndiaLitigation, Mediation & Arbitration
    Alba Law Offices
    Alba Law Offices
  • Article

    IT & ITES Policy Of Maharashtra, 2023 Pivotal For IT Industry?

    Maharashtra has demonstrated overtime that it is a pioneer in policy planning, it being one of the first states in India to devise an IT & ITES Policy that was announced in 1998.
    IndiaReal Estate and Construction
    Kochhar & Co.
    Kochhar & Co.
  • Article

    RBI’s Lending Framework For REITs And InvITs: Draft Credit Facility Amendments And Ease Of Doing Business Measures For Banks

    RBI published its Draft Second Amendment Directions 2026 to the "Commercial Banks - Credit Facilities" framework on February 2026 which introduces a systematized approach for banks to provide credit to Real Estate Investment Trusts (REITs) and establishes unified standards for Infrastructure Investment Trusts (InvITs).
    IndiaFinance and Banking
    Legitpro Law
    Legitpro Law
  • Article

    Mumbai Redevelopment 2024: Legal Guide For Builders, CHS, And Developers

    Mumbai's redevelopment wave is reshaping the city's skyline, replacing aging structures with modern infrastructure. Builders play a pivotal role in this transformation, but the process is layered with legal, regulatory, and procedural complexities.
    IndiaReal Estate and Construction
    K Singhania & Co
    K Singhania & Co
  • Article

    Minors' Right To Object To Sale Of Their Share In Joint Family Property

    This article examines the right of a minor to (a) object to sale of his/her share in the joint family property, and (b) get the sale made in favour of a third party purchaser declared void.
    IndiaReal Estate and Construction
    Tatva Legal
    Tatva Legal
  • Article

    From Informal Tenancies To Digital Compliance: How India’s Model Tenancy Framework Is Reshaping Rental Housing And Commercial Leasing

    India’s rental housing market has historically operated within a fragmented and largely informal ecosystem. Residential and commercial tenancies have frequently been governed by oral arrangements, outdated rent control laws, unregistered agreements, and inconsistent state-level regulatory frameworks.
    IndiaReal Estate and Construction
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    SEBI Seeks To Regulate Fractional Ownership Platforms

    Vide the consultation paper, SEBI seeks comments/views/suggestions from the public on the proposal for regulating fractional ownership platforms.
    IndiaReal Estate and Construction
    NovoJuris Legal
    NovoJuris Legal
  • Article

    Maintainability Of Letters Patent Appeal Under Clause XV Of The Letters Patent

    The appellants were the original owners of an agricultural land (admeasuring 6,070 sq.m.) in Narol, District Ahmedabad ("Appellants").
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Ring-Fenced, Costed And Excludable: IBBI's New Playbook For Stalled Housing Projects In Insolvency

    Each project must now be ring-fenced in its own bank account, costed through an independent assessment before bids are invited, and, where the CoC so decides by a 66 percent vote, put forward for exclusion from the process altogether.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Legitpro Law
    Legitpro Law
  • Showing 801–820 of 854 results

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