India: Real Estate

The Respondent, M/s Skylink Construction Pvt. Ltd., was registered under service tax for providing construction services, including construction of commercial/industrial buildings...

India’s real estate sector has witnessed unprecedented growth over the last decades, driven by institutional investment, large-scale urbanization and increasingly sophisticated contractual structures. As projects become larger and transaction timelines longer, contracting parties are placing greater emphasis on contractual risk allocation. Among the provisions attracting increased attention are force majeure clauses and contractual protections against unforeseen circumstances.

The Madhya Pradesh High Court, in M.P. Real Estate Regulatory Authority, Bhopal v. Shri Ji Builders and Developers, has clarified the scope of powers exercisable by the Real Estate Regulatory Authority while considering an application for registration of a real estate project under the Real Estate Regulation and Development Act, 2016.

The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.

Registration of real estate rights in India serves as constructive notice to the public under Section 3 of the Transfer of Property Act, 1882, which falls under Chapter I (Preliminary), thereby binding subsequent purchasers with notice of prior transactions.

The significance of the Tribunal’s view lies in its recognition that a charge need not always arise from a contractual security document or formal registration. A charge may also arise by operation of law, and where the statute itself creates such charge, the absence of registration in repositories cannot defeat the underlying substantive right.

The enactment of the Real Estate (Regulation and Development) Act, 2016 was conceived as a beneficial and self-contained legislative code designed to safeguard the interests of home buyers and ensure timely...

The 2026 Amendment to India's Insolvency and Bankruptcy Code has fundamentally altered the status of statutory land authorities in insolvency proceedings, stripping them of their claimed secured creditor status.

The High Court of Delhi, through its judgment dated 18.05.2026 in the matter of M/s R.C. Sood & Co. Developers Pvt. Ltd. v. Sharad Maheshwari & Anr., dismissed an appeal challenging the decree of District Judge directing refund of INR 18,00,000/- to the purchasers in a real estate dispute arising out of cancellation of a villa allotment and alleged forfeiture of earnest money.