01 Aug 2019

While most debates surrounding the existence of a person before birth and after death are theological or philosophical in nature which could go on endlessly, the debate concerning the right of a yet-to-be-existent person needs to be settled conclusively. Especially, ascertaining property rights of an unborn is essential as it has a direct implication on the rights of other existent individuals. Although the Indian laws recognize the existence of an unborn as a legal person, rights are not granted until the birth of the child. Further, while a child in a mother’s womb is considered as a person for many purposes, the extent of the unborn child’s personal or proprietary rights has not been categorically determined. The unborn is regarded by legal fiction as already born for creation of interest in a property.>>

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25 Jul 2019

We often hear that various Government’s both at the central and state level are trying to achieve Ease of Doing Business (“EoDB”) and Ease of Living (“EoLiving”). However, in terms of land, both EoDB and EoLiving is still a distant dream. It must be noted that EoDB, with respect to land, has been adversely affected due to the existence of corrupt practices in land transactions, the existence of multiple litigations and lack of credibility of land records. Similarly, in order to achieve EoLiving, the concerns of the farmers and small landholders with respect to litigations, encroachments, etc., must be efficiently addressed. It is imperative that the aforementioned concerns are sufficiently addressed by the Government (both at the Centre and the States) through its initiatives which increases the confidence of the businessmen, investors, and people of India, in general, on the credibility of land titles.>>

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28 Jun 2019

The erratic development in the Real Estate Sector, both in the literal as well as the legal sense, has been a continuous cause of concern for all stakeholders involved. While developers are reeling under the pressures of declining demand, homebuyers are apprehensive about investing their hard-earned income in a shady deal. The snail speed exhibited in the progression of construction projects, misappropriation of funds by developers and delay in handing over of possession to naïve purchasers have been particularly troubling.>>

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08 Apr 2019

The Bombay High Court in its decision delivered on March 26, 2019 in the case of Rajendra R. Vishwakarma vs The State of Maharashtra & Ors has dealt with the issue of profiteering and/or commercialisation from the tenements received by the  slum dweller in a slum redevelopment scheme by illegal transfer and use purely for commercial exploitation.>>

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22 Nov 2016

After a roller coaster ride that lasted almost three years, the Indian Parliament passed the Real Estate Regulatory Act, 2016 (RERA) in March this year. The passing of RERA brought cheer to millions of Indians, especially those who were at the mercy of Builders/Developers for their apartments/flats. People across India have high expectations from RERA and its effective implementation. They have come to view this regulation as a major milestone that will grant them relief from the raft of issues that they have been facing while interacting with various builders and developers.>>

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