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Property Law


RERA Decriminalisation Under the Jan Vishwas Act 2026: Allottee Penalties Revised and Imprisonment Provisions Removed
The Jan Vishwas (Amendment of Provisions) Act, 2026 (Act No. 8 of 2026) marks a landmark shift in India's regulatory enforcement philosophy. Receiving Presidential assent on April 7, 2026, and published in the Gazette on April 8, 2026, this legislation decriminalises 717 provisions across 79 Central Acts administered by 23 Ministries. Among the most consequential changes for the real estate sector is the substitution of Section 68 of the Real Estate (Regulation and Developmen

Kaustav Chowdhury
8 min read


How to Revoke or Cancel a Power of Attorney in India: Process, Format, Registration, and Deed of Revocation
A Power of Attorney (POA) is a legal instrument through which one person (the principal) authorizes another person (the agent or attorney) to act on their behalf in legal, financial, or property matters. However, circumstances may arise where the principal needs to revoke or cancel the POA. Under Indian law, Sections 201 and 202 of the Indian Contract Act, 1872 govern the termination of agency relationships. This guide provides a complete walkthrough of how to revoke a POA in

Kaustav Chowdhury
6 min read


Supreme Court Holds Public Trusts Registered Outside Madhya Pradesh Entitled to Exemption Under MP Accommodation Control Act 1961
The Supreme Court has recently held that, in view of the Madhya Pradesh Government’s 2018 notification, public trusts registered outside Madhya Pradesh are entitled to exemption under the M.P. Accommodation Control Act, 1961. Consequently, such trusts are not subject to the restrictions and protections available to tenants under the Act while pursuing eviction proceedings. A bench of Justice Aravind Kumar and Justice Prasanna B. Varale allowed the appeals filed by the trusts,

Kaustav Chowdhury
4 min read


Supreme Court: Civil Courts Can Adjudicate Succession Disputes Between Non-Tribals in Scheduled Areas of Andhra Pradesh
The Supreme Court of India on August 6, 2026, delivered a landmark ruling affirming that civil courts have jurisdiction to adjudicate succession and property disputes between non-tribal parties, even when the disputed property is situated within Scheduled Areas of Andhra Pradesh. In Mukkera Venkata Ratnam & Ors. v. Vantasala China Venkateswarlu & Ors. (Civil Appeal arising out of SLP (C) Diary No. 21610 of 2022), a bench of Justice Sanjay Karol and Justice N. Kotiswar Singh s

Kaustav Chowdhury
7 min read


Supreme Court Restores 280 Acres of Gurugram Land to Wazirabad Gram Panchayat, Holds It Is Common Village Land
In a landmark judgment delivered on August 3, 2026, the Supreme Court of India restored approximately 280 acres (436 bighas 18 biswas) of land in uninhabited village Haiderpur, Gurugram, to Gram Panchayat Wazirabad. The two-judge bench comprising Justice Sanjay Kumar and Justice K Vinod Chandran held that the land constituted shamilat deh, or common village land, which had automatically vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961.

Kaustav Chowdhury
5 min read


How to Apply for Regularization of Unauthorized Construction Under State Municipal Laws in India
Unauthorized construction is a widespread issue across Indian cities, often resulting from deviations from sanctioned building plans, construction without proper approvals, or violations of local building bylaws. While demolition is the default legal consequence for unauthorized structures, several state governments have introduced regularization schemes that allow property owners to bring their constructions within the legal framework by paying compounding fees and meeting p

Kaustav Chowdhury
5 min read


How to File an Objection to a Mutation Entry in Land Revenue Records in India
When property ownership changes through sale, inheritance, gift, or partition, the revenue records must be updated through a process called mutation (also known as 'dakhil kharij' in many states). If a mutation entry is being made that you believe is incorrect, fraudulent, or unauthorized, you have the right to file an objection before the revenue authority. This guide explains the mutation objection process, the documents required, and the appeal hierarchy. What Is Mutation

Kaustav Chowdhury
5 min read


How to Apply for a Temporary Injunction in a Property Dispute Under Order 39 CPC in India
In property disputes, there is often a risk that the opposing party will sell, mortgage, or damage the property while the case is pending. A temporary injunction under Order 39 of the Code of Civil Procedure, 1908 (CPC) allows the court to maintain the status quo and prevent irreversible harm until the suit is decided. This guide covers the legal requirements, the three-part test, the application procedure, and the appeal process. What Is a Temporary Injunction Under Order 39

Kaustav Chowdhury
4 min read


How to Apply for Rent Control Protection as a Tenant in India: Rights, Eviction, and Fair Rent
Rent control in India is a state subject, and each state has enacted its own legislation to regulate the relationship between landlords and tenants. These laws serve a vital protective function: they prevent arbitrary eviction, regulate rent increases, and provide tenants with a mechanism to seek fair rent fixation through a designated authority. While the central government approved the Model Tenancy Act, 2021 as a framework for reform, its adoption by states remains uneven.

Kaustav Chowdhury
5 min read


How to Calculate and Pay Stamp Duty on Property Transactions in India: Rates and Exemptions
Stamp duty is a statutory tax levied by state governments on legal documents, most prominently on instruments relating to property transactions. Governed by the Indian Stamp Act, 1899, stamp duty serves as legal evidence that a transaction has been formally recognised by the state. Failure to pay the correct stamp duty renders a document inadmissible as evidence in court, which can have significant consequences in property disputes. In addition to stamp duty, the Registration

Kaustav Chowdhury
5 min read


Supreme Court Upholds Section 22 Hindu Succession Act Applies to Inherited Agricultural Land
The Supreme Court of India, in Mahinder and Others v. Puran Singh (2026 INSC 698), has upheld the applicability of Section 22 of the Hindu Succession Act, 1956, to inherited agricultural land. The Division Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh, in its judgment delivered on July 14, 2026, held that Class I heirs under the Act possess a preferential right to purchase agricultural property proposed to be transferred by a co-heir to an outsider. The ruling s

Kaustav Chowdhury
5 min read


Supreme Court Warns Parsvnath Directors of Jail Over Non-Compliance with HRERA Orders, Gives One-Week Deadline to Refund Homebuyers
The Supreme Court of India, on July 21, 2026, issued a stern warning to the directors of Parsvnath Developers Limited, cautioning them that they face imprisonment if they fail to comply with orders passed by the Haryana Real Estate Regulatory Authority (HRERA). A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, directed the developers to deposit the full recovery amount along with 12 percent interest within one week, setting the next

Kaustav Chowdhury
3 min read


How to File a Suit for Declaration of Title Over Property in India Under Section 34 of the Specific Relief Act
How to File a Suit for Declaration of Title Over Property in India Under Section 34 of the Specific Relief Act Disputes over property ownership are among the most common types of civil litigation in India. When someone denies your right or title to a property, you may need to approach the court to obtain a formal declaration establishing your ownership. Section 34 of the Specific Relief Act, 1963, provides the legal basis for filing a suit for declaration of title. This guide

Kaustav Chowdhury
6 min read


Kerala High Court Strikes Down Kerala Minerals Vesting Act as Unconstitutional
The Kerala High Court has declared the Kerala Minerals (Vesting of Rights) Act, 2021 unconstitutional in a ruling that reaffirms the fundamental right to property under the Indian Constitution. Cited as 2026 LiveLaw (Ker) 373, the judgment strikes down the State's attempt to vest all mineral rights in itself without providing compensation to private landowners. The Court held that such deprivation of property without compensation violates Article 300A of the Constitution, whi

Kaustav Chowdhury
5 min read


Supreme Court Rules Rectification Deed Cannot Change Property Identity Without Original Seller's Consent
The Supreme Court of India, in Venkatesha and Anr. v. K.M. Venkatamuniyappa (D) Thr. LRs. and Ors. (2026 INSC 705), has ruled that a rectification deed cannot be used to substitute the subject matter of a prior registered conveyance unless the original transferor participates in the rectification and the identity of the property is established. The judgment, disposed on July 14, 2026, restores the trial court's verdict and clarifies an important principle of property transfer

Kaustav Chowdhury
3 min read
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