14 Oct 2019

Squatter’s Right i.e. Adverse Possession has often faced criticism for rewarding wrong-doers and assigning rights to usurpers. However, this age-old practice, based on the belief that “ownership” must belong to the person who made the best or highest use of the land, has stood the test of time. Since the concept has not been clearly defined in the statute, its development depends heavily on the equity and justice meted out by the courts under Article 27, 64 and 65 of the Limitations Act, 1963. In that direction, the Supreme Court has further solidified the position of the individuals nurturing the spirit of the land i.e. the possessors. The Court has now afforded them a sword i.e. the right to sue for protection of the property acquired through adverse possession.>>

Share this:
05 Sep 2019

Centuries of subversion has pushed Indian women into a degenerative backslide and their emancipation depends largely on favourable legislation and their effective implementation. Stridhana is a respite for the economic uncertainty that most woman face in India created through their confinement to non-quantified housework. It is a practical solution that harmonizes gender disparity by weeding out the financial difference in a matrimonial arrangement. However, it is distressing that most women are unaware of such a crucial piece of legislation adopted for their empowerment. Moreover, in a country obsessed with male dominance, the idea of Stridhana is either alien to the lower strata or confused with dowry in the upper sections of the society.>>

Share this:
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.>>

Share this:
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.>>

Share this:
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.>>

Share this:
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.>>

Share this:
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.>>

Share this: