Real estate & property laws

SUMMARY OF DECISION BY THE HON’BLE SUPREME COURT OF INDIA IN THE CASE TITLED “ BIKRAM CHATTERJI & ORS. v. UNION OF INDIA & ORS. [1] ” (- BY ASHISH GARG, ALBA LAW OFFICES) *** Please note that the discussion herein below (for the aforementioned case) is only concerned with regards to the va...

Evolution of Concept of Benami Transaction in India: A Brief Analysis

by Rajat on in Real estate & property laws
By Rajat Jain, Advocate Vaish Associate Advocates This Article has been published by TAXMANN on July 22, 2017, [2017] 83 taxmann.com 235 (Article). Background Despite the fact, the Benami Transactions (Prohibition) Act, 1988 came into force on 19.05.1988 (hereinafter referred as “1988 Act”) in India...

Defense for Builders - In case of Delay in Delivery of Possession

by Alba Law Offices on in Real estate & property laws
1. The Complainant is not a consumer as defined under the Consumer Protection Act, 1986 (A) Indrajit Dutta v. Samriddhi Developer First Appeal No. 1219 of 2014 Dated 5 th February 2015 [NCDRC] Facts : Indrajit Dutta (hereinafter referred to as the ‘ Complainant’ ) purchased two flats from Samriddhi ...

Recent Judgments on Delay in Delivery of Possession of Property

by Alba Law Offices on in Real estate & property laws
Pradeep Narula v. Granite Gate Properties - Consumer Complaint No. 315 of 2014 Dated 23 rd August, 2016 Facts: Mr. Pradeep Narula (hereinafter referred to as the ‘ Complainant ’) booked a residential apartment with Granite Gate Properties (hereinafter referred to as the ‘ Builder ’). In furtherance ...
Sachin & Anr v. Jhabbu Lal & Anr RSA 136/2016 & CM No. 19123/2016 High Court of Delhi Date of decision: 24 th November 2016 Facts: Jhabbhu Lal and his wife (respondents) owned a house, which they sold to purchase a new house in the same locality. In the new house, he allowed his elder...

Double whammy against developers in Maharashtra

by Rajani Associates on in Real estate & property laws
A brief overview of the recent circular issued by Maharashtra Police inter alia directing the police officials in the State of Maharashtra to take cognisance of the complaints filed by real estate buyers against Developers. CONCERNS OF REAL ESTATE BUYERS The real estate buyers more often suffer by i...

Real Estate (Regulation & Development) Act, 2016 - Summary

by Alba Law Offices on in Real estate & property laws
Date of Enactment: 26 th March, 2016 Chapters: 10 Sections: 92 Section No. Section Summary 2. Definition Clause It introduced 44 definitions, among which are: ‘Advertisement’, ‘Agreement for Sale’, ‘Allottee’, ‘Appellate Tribunal. ‘Appropriate Government’, ‘Authority’, ‘Carpet Area’, ‘Commencement C...
Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short “MTAL” or “the Act”) barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government. By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section...

Could slum-free Mumbai become a reality?

by Chirag Balsara on in Real estate & property laws

Is Slum Free Mumbai a reality post the Development Control & Promotion Regulations for, 2034?