India: Real Estate

Subscribe
Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Delay, Default And Cancellation: Rajasthan REAT Upholds Homebuyer’s Right To Possession And Interest
The Rajasthan Real Estate Appellate Tribunal (“REAT”), by its order dated 21 July 2026 in AKG Affordable Housing Pvt. Ltd. v. Hunny Yadav and Ors., has reaffirmed a homebuyer’s entitlement to possession and delay compensation under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”), notwithstanding a promoter’s attempt to resist liability on grounds of non-registration of the sale agreement, force majeure, and alleged shared default.
India Real Estate
IL
IndiaLaw LLP
Article
When CIRP Does Not Put Every Project Dispute On Hold
A common misconception holds that insolvency moratoriums protect everyone associated with a distressed company, but the Supreme Court's ruling in the Mantri Manyata Energia Project case clarifies that Section 14 of the Insolvency and Bankruptcy Code protects only the corporate debtor itself. What happens when promoters, directors, personal guarantors, and landowners face separate proceedings while the company undergoes Corporate Insolvency Resolution Process, and how do courts determine whose obligations
India Insolvency
AA
Agama Law Associates
Article
Litigation Update | Bombay Hc | Prospective Fsi Cannot Delay Deemed Conveyance
The Bombay High Court has reinforced that developers cannot indefinitely delay deemed conveyance to housing societies by claiming rights to exploit additional Floor Space Index (FSI) made available through regulatory changes. This ruling clarifies the temporal limits on a builder's contractual rights when statutory conveyance obligations have crystallized, establishing that FSI increases occurring after the mandatory conveyance period belong to the society, not the defaulting developer.
India Real Estate
MH
Mansukhlal Hiralal & Co.
Article
Real Estate Newsletter July 2026
The Karnataka Government's recent decision to introduce a 100-day One-Time Settlement (OTS) Scheme for the conversion of B-Khata properties into A-Khata marks one of the most significant real estate reforms in recent years. Under the scheme, eligible property owners can obtain an A-Khata by payment of 2% of the property's guidance value, subject to the applicable eligibility criteria presc-ribed under the scheme.
India Real Estate
KS
King, Stubb & Kasiva
Video
Can A Landlord Trespass Into Their Own Property? Kerala High Court Explains (Video)
The Kerala High Court examines a critical legal question in landlord-tenant law: whether a property owner can be prosecuted for criminal trespass when entering premises they legally own but have leased to a tenant. This case explores the fundamental distinction between ownership rights and possessory rights, clarifying when a landlord's entry into their own property crosses legal boundaries.
India Real Estate
IL
IndiaLaw LLP
Article
Force Majeure vs. Unforeseen Circumstances In Indian Real Estate
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.
India Real Estate
SA
Shardul Amarchand Mangaldas & Co
Article
RERA Authority Cannot Adjudicate Historical Title Disputes While Considering Project Registration: Madhya Pradesh High Court
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.
India Real Estate
IL
IndiaLaw LLP
Article
Bombay High Court: Public Premises Act, 1971 Overrides Maharashtra Rent Control Act In Unauthorised Occupation Disputes
Bombay High Court rules Public Premises Act, 1971 overrides Maharashtra Rent Control Act, barring unauthorised occupants from claiming tenancy protection in property disputes. In a significant ruling on evictions laws pertaining to public premises, in India, the Bombay High Court has reaffirmed the overriding effect of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (“Public Premises Act”) over State rent control legislation in matters concerning unauthorised occupation of public premises.
India Real Estate
HA
HSA Advocates
Article
MIDC Issues Detailed Guidelines On Transfer Of Share Capital To REITs
The Maharashtra Industrial Development Corporation has issued new guidelines governing the transfer of share capital of plot-holding companies to Real Estate Investment Trust structures. These regulations impose strict family ownership requirements, mandate detailed documentation and periodic certifications, and establish comprehensive compliance obligations for plot holders seeking to participate in REIT arrangements.
India Finance
AP
AZB & Partners
Article
Speedy Disposal Of Suits By Licensors Seeking Possession: A Case For Special Summary Procedure
India’s urban housing market continues to face a paradox. While millions of citizens struggle to find affordable accommodation, a significant number of residential premises remain vacant. One of the principal reasons for this phenomenon is the apprehension among property owners that a licensee may refuse to vacate the premises upon expiry or termination of a leave and licence arrangement.
India Real Estate
Saga Legal
Video
Defective Land Titles In India: Why Property Due Diligence Matters | Podcast Bites (Video)
Defective land titles in India pose significant risks to property buyers, often revealing that ownership is far more complicated than what appears in official documents. Understanding the complexities of property due diligence and title verification becomes crucial for anyone looking to invest in Indian real estate. This podcast explores the hidden challenges and legal intricacies that can turn a seemingly straightforward property purchase into a legal nightmare.
India Real Estate
IL
IndiaLaw LLP
See more