Searching Content indexed under Real Estate by Khaitan & Co ordered by Published Date Descending.
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Homebuyers Entitled To An Additional Remedy Against Builders
Amounts raised from homebuyers contribute significantly to the construction of the real estate projects and hence it is necessary to treat homebuyers as financial creditors.
20 Aug 2019
Supreme Court Decides The Fate Of Landholders Affected By The ULC Exemption Orders:
The Urban Land (Ceiling and Regulation) Act, 1976 was enacted to prevent concentration of urban properties in the hands of a few and to ensure equitable distribution / utilization of urban vacant lands.
14 Aug 2019
Benami Transactions' Prohibition Law Amendment Is Prospective, Holds Rajasthan High Court
In a batch of writ petitions (Civil Writ Petition No. 2915/2019 and others), the Hon'ble Rajasthan High Court has held that the Benami Transactions (Prohibition) Amendment Act, 2016 is prospective in nature ...
29 Jul 2019
33rd GST Council Meeting – Real Estate Sector Update
In its 33rd meeting held on 24 February 2019, the GST Council has recommended reduction in GST rates for under-construction residential properties.
12 Mar 2019
SC Rules That Public Property Cannot Be Alloted To Profit-Oriented Educational Institutions At A Concessional Price Or For Free
Both the writ petitions were heard together and dismissed by the learned single judge of the Jammu & Kashmir High Court.
27 Dec 2018
SC Upholds Disqualification Under Section 29A Of The IBC; But Invokes Article 142 To Protect Interests Of Homebuyers
Although discussions took place with four resolution applicants, no resolution plan was approved by the CoC within the mandated CIRP period of 270 days ending 12.05.2018.
22 Aug 2018
MahaRERA To Have Jurisdiction Even Where Agreement For Sale Is Cancelled Prior To RERA
On 4 June 2018 the Maharashtra Real Estate Regulatory Authority (MahaRERA) passed an order (Order) in the case of Champatlal Jain, Parvin Dumasia and 6 Others (Complainants) v Suriti Developers Private Limited...
27 Jun 2018
Maha RERA Conditionally Withdraws Office Order On Co-Promoter
The Maharashtra Real Estate Regulatory Authority (the Maha RERA or the Authority) had vide its circular dated 11 May 2017 bearing Reference No RERA/LA/32/2017 (Co‑Promoter Order) defined the term "Co‑Promoter".
24 Nov 2017
Lenders Do Not Require Approval Of Allottees Or Maha RERA In Case Of Default By Promoter – Transfer Of Stake In A Promoter Company – Not A Transfer U/S 15 Of RERA
The Maharashtra Real Estate Regulatory Authority has vide its circular dated 8 November 2017 bearing Reference No 11/2017 given a welcome clarification to the provisions of Section 15 of The Real Estate (Regulation and Development) Act, 2016.
15 Nov 2017
Supreme Court Lays Down 10 Principles For Invoking Inherent Jurisdiction Under Section 482 Of The Code Of Criminal Procedure, 1973
The plea for quashing the FIR was advanced on the ground that the Appellants had amicably settled the dispute with the complainant. The Court after discussing various precedents on the subject summarised the broad principles in relation to Section 482 for quashing FIRs.
11 Oct 2017
Delhi High Court Strikes Down NDMC (Determination Of Annual Rent) Bye-Laws, 2009 As Being Ultra Vires The NDMC Act, 1994
The Bye-Laws were struck down as they were held to be in excess of the scope and ambit of the powers vested in the New Delhi Municipal Council (NDMC) to make Bye-laws under Section 388 (1) A (9) of the NDMC Act.
22 Aug 2017
Real Estate (Regulation & Development) Act, 2016 |Issues: Addressed & Un-Answered
The registration of the project is to expire on the date of proposed completion of project.
20 Jun 2017
Salient Features Of The Government Of Maharashtra Notified Rules Under RERA
The Real Estate (Regulation and Development) Act, 2016 (Act) was enacted on 25 March 2016. A total of 59 sections were notified by the Central Government on 27 April 2016, which came into force...
3 May 2017
Maintainability Of Class Actions Under Consumer Protection Act, 1986
In a recent Order dated 21 February 2017, the Supreme Court in M/s Amrapali Sapphire Developer Private Limited vs. M/s Amrapali Sapphire Flat Buyers Welfare Association has declined to entertain the realtor's appeal . . .
22 Mar 2017
Affordable Housing: Is The Government Doing Enough?
The urgent need in the realty sector today is large scale construction of affordable housing. Sky rocketing realty prices have made home buying a dream for most, especially so in the lower income group...
24 Jan 2017
Government Of Maharashtra Publishes Draft Rules On RERA
The Real Estate (Regulation and Development) Act, 2016 (Act) was enacted on 25 March 2016. Out of 92 sections in the Act, 59 sections were notified by the Central Government on 27 April 2016...
23 Dec 2016
Environment v/s Real Estate
One of the continuing struggles of the 21st century has been to attain a harmonious construct in achieving economic development, in a way which does not threaten or cause environmental degradation.
7 Oct 2016
Stamping And Registration Of Lease Agreements: An Insight On Defaults
Stamp duty and registration of instruments has always been a complex and talked about issue. Several questions are usually asked by people, such as:
8 Aug 2016
Ground Realities To Be Considered While Framing Rules Under RERA Act
Sudip Mullick, Partner, Khaitan & Co is in charge of the Real Estate and Hospitality practice of the Firm and also specialises in construction disputes.
21 Jul 2016
Service Tax On Builders' Home Buyers Goes For A Toss
The question before the Court was whether consideration paid by flat buyers to a builder/promoter/developer for acquiring a flat being constructed in a complex could attract service tax...
15 Jun 2016
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