Indian_Real_Estate_Law (2)

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Introduction
Indian Stamp Act, 1899 and Registration Act, 1908: These acts govern laws regarding the
need for the registration of different types of deeds, instruments and documents relating to the
transfer of an interest in immovable property and the payment of stamp duty on the same.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013: This Act governs the acquisition of private land parcels by the government
for a company or specific public purposes. It lays out the remuneration and rehabilitative
measures to be taken by the government in acquisition cases.
Transfer of Property Act, 1882: This is a central act and lays down general principles of
immovable and movable property, such as exchange, sale, lease, mortgage and gift of property.
Indian Easement Act, 1882: This governs the regulation regarding easement rights to immovable
property.
Indian Contract Act, 1872: This governs the laws regarding contracts in India, including
but not limited to the capacity to enter into a contract, its execution, implementation, breach,
and remedies available to the signees in case of issues. The sections and chapters of the Transfer
of Property Act, 1882, that are related to contracts will be taken as part of this act.
Land Revenue Codes: Different states in India have formulated their own land revenue rules
that govern regulations regarding land revenue, tenancy types, agricultural land holding, and
other related matters. The specified code comprises the division and classes of immovable property
in a state, transfer restrictions, duties and powers of revenue officers, rules and penalties
for contravening such code.
Besides the laws stated above, the Indian real estate sector is also governed by multiple
state/local/municipal laws, customs and policies, including any nuances with respect to
slum rehabilitation/redevelopment, rent control, urban development, property tax, ownership of
property, building bye-laws, Benami transactions, insolvency, Special Economic Zones (SEZs),
land pooling, land ceiling, land zoning and land use, and environmental protection.
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