Real Estate Laws

India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified form today. Indian legal system has a healthy mixture of civil, common law, customary and religious laws within the legal framework inherited from the colonial era. Indian laws also adhere to the United Nations guidelines on Human Rights Laws and Environmental Laws.

Federalism in India is defined through Part IX of the Constitution of India which distributes the legislative, administrative and executive powers between the Central and State Government. The legislative powers are categorized under Union List, State List and Concurrent List, representing, respectively, the powers conferred upon the Union Government, those conferred upon the State Government and powers shared among them.

Real Estate Laws refer to laws controlling the ownership and use of land. It covers the rights to possess, use and enjoy land and the permanent man-made additions attached to it. Real Estate Sector is often touted to be one of the most complex and complicated sector mainly owing to a wide array of laws governing the same. The 44th Amendment Act ,1978 added Chapter VI on Right to Property in the Constitution of India. Article 300A states that no person shall be deprived of the possession of his property except in accordance with the procedure established by law.

However, every right comes with corresponding set of liability, obligations and responsibility. ìIgnorantia Juris Non Excusatî is a legal maxim holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content. This book through its simple, lucid Q&A narrative style endeavors to educate real estate professionals, consultants, developers, academicians, real estate enthusiasts and layman, about various Real Estate Laws in India.