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Real Estate Law in India

This aspect of law covers the aspects of buying, selling and registration of land property. Investment by a foreign person in the real estate sector in India is permitted under the Automatic route under FDI policy which means that no approval is required for such investment whether from the Government of India or the Reserve Bank of India however, it is pertinent to note that such investment has to be in compliance with the FDI policy.

Land in India is classified into various categories like Residential lands, industrial lands, commercial lands etc. The person who owns a land in India is required to pay certain taxes in accordance with the State laws whether or not the land is located in a residential area. The land owners however try to shift the burden of their liability on to the person to whom the property is leased by means of contractual terms however, the primary responsibility still rests with the owner of the property.

The laws applicable to a real estate property differed based on the kind/ category of land as well as whether the property is under construction or finished in nature making it ready to move in.

Real Estate (Regulation and Development) Act, 2016

The Real Estate (Regulation and Development) Act, 2016 was enacted with one of its primary objectives to protect the interests of the homebuyers. One of the major benefits under this Act is that value of the property quoted by the builder of the property is based on carpet area not super built-up area and further, the Act also makes it mandatory for the builders to disclose the carpet area.

The Act can be accessed here.

While the Real Estate laws in India can still be said to be in the early years of its implementation, it is expected that the new legal regime will make interaction between the homebuyers and home builders to a level playing field. The Indian Judiciary’s verdict and observations in cases involving real estate developers and homebuyers have also aided in streamlining the law pertaining to real estate law in India.

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