06 Jan 2020

With land or property related litigation accounting for two-thirds of all civil cases pending in the Indian courts, evidence to establish legal title has taken a centre stage. Conflicting laws, administrative incompetence, and a lack of awareness among the population is clogging the judicial pipeline. Courts havetherefore been conferred with multiple opportunities to analysethe legal implicationsofthe various documents involved in property transaction and an unwavering opinion on thelack of standing of ‘Revenue Records’ in an ownership claim has emerged.>>

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10 Dec 2019

Land Acquisition in India – A Tough Balancing Act

Sovereigns across the globe have relied upon the doctrine of eminent domain to acquire land for public use. Consent of those who own the land takes a backseat when the greater good is at stake. Guided by this utilitarian principle and to usher a sense of equality among the economically weaker citizens of this nation, ‘right to property’ was removed as a fundamental right through the 44th amendment. However, democracy demands people-pleasing and power mongers have to give in once in a while for a euphoric sense of justice to prevail. Consequently, the doctrine of eminent domain was balanced through the introduction of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlements Act, 2013 (RFCTLARR Act). The act empowered central and state governments to acquire lands for the development of public good with ‘consent’.>>

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28 Oct 2019

“Excellent brand new 2bhk fully furnished flat, cross ventilation, natural light, cosmopolitan society, no Muslims; with car-parking, on immediate sale, 5th floor. If interested, pls call___” read the controversial 99acres.com advertisement for a flat in Dadar (East), Mumbai.[1] This generated a furore and resulted in the removal of the advertisement from the website and a statement from them claiming that they were opposed to any kind of discriminatory practice.[2]>>

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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.>>

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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.>>

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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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