Real Estate Law and Construction Law

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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
Bombay High Court Allows Refund Of Stamp Duty Paid On Cancelled Development Agreement
The Bombay High Court has ruled on whether stamp duty can be refunded when a Development Agreement is cancelled before achieving its purpose, addressing critical questions about the interpretation of possession clauses and limitation periods under the Maharashtra Stamp Act. The judgment clarifies the distinction between substantive entitlement to refund under Section 47 and procedural time limits under Section 48, while examining how contractual licence provisions should be read in context with possession c
India Real Estate
MH
Mansukhlal Hiralal & Co.
Article
Hearing Before Rejection: Kerala High Court Reaffirms Natural Justice Under RERA
In a significant pronouncement concerning the procedural framework governing the Kerala Real Estate Regulatory Authority (K-RERA), the High Court of Kerala, in Renney Geo Varghese v. Kerala Real Estate Regulatory Authority and Ors., has reaffirmed that the principles of natural justice cannot be diluted merely because a statutory authority is empowered to regulate its own procedure. The judgment, delivered by Justice Ziyad Rahman A.A. on 23 July 2026 in a batch of two writ petitions, carries considerable significance for allottees and homebuyers who approach K-RERA seeking redressal against promoters and developers.
India Real Estate
IL
IndiaLaw LLP
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Article
Khan Market's Fire NOC Dispute: How The Delhi High Court Balanced Safety And Structural Limits
Behind Khan Market’s busy cafés and restaurants lies a less visible problem: many of the market’s older buildings were never designed to meet modern fire-safety standards. Several restaurants operate from the first and second floors, which are reached through narrow staircases and, in some cases, only one practical entry and exit route. This structural limitation became a legal issue when the New Delhi Municipal Council (“NDMC”) linked the renewal of restaurant permissions to obtaining a fire no-objection certificate (“Fire NOC”).
India Litigation
SR
S.S. Rana & Co. Advocates
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
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Article
Fixing The Record: Section 26 And Expert Evidence In Construction Arbitration
In a highway, metro, transmission line or refinery dispute, what defeats a tribunal is rarely a question of law. It is the state of the record. Fifteen thousand pages of measurement books, hindrance registers, progress reports, material reconciliation statements and joint survey sheets and two delay analyses that cannot both be right, each prepared by an expert retained by the party it vindicates
India Litigation
HS
Hammurabi & Solomon
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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
Key Elements Of A Commercial Lease Agreement: What Businesses Need To Know
Understanding the critical components of a commercial lease agreement is essential for businesses entering into property rental arrangements. What are the key legal elements that protect both landlords and tenants, and how do lease terms, rent structures, maintenance obligations, and termination clauses shape the business relationship? This comprehensive guide examines the fundamental aspects every business must evaluate before signing a commercial lease.
India Real Estate
MC
MAHESHWARI & CO. Advocates & Legal Consultants
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Video
Does MOFA Still Matter? Bombay High Court On Deemed Conveyance In Township Projects | Podcast Bites
The Bombay High Court recently delivered a significant judgment in Flagship Infrastructure Limited addressing the applicability of Maharashtra Ownership of Flats Act (MOFA) provisions to deemed conveyance proceedings in township projects. This ruling examines whether traditional flat ownership regulations extend to large-scale residential developments and what implications this holds for property rights in integrated townships.
India Real Estate
IL
IndiaLaw LLP
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
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