Property Law

The Supreme Court has clarified an important principle in tenancy and rent control law: the death of a landlord does not automatically extinguish an eviction claim based on bona fide need. Legal heirs of the deceased landlord may continue the suit and rely on subsequent events, including their own bona fide need to occupy the property, by amending the pleadings to reflect these changed circumstances. This ruling is significant for property owners, tenant groups, and practitio

Agricultural land in India is subject to a complex patchwork of laws that vary significantly by state. These laws govern land ceiling (the maximum amount of agricultural land a person or family can own), tenancy rights and protections, and restrictions on the purchase of agricultural land by non-agriculturists. The constitutional framework places land laws on the State List, meaning each state can enact its own legislation on agricultural matters. As a result, the legal regim

On April 17, 2026, the Delhi High Court delivered a landmark judgment that fundamentally shifts the legal understanding of pet ownership in India. In a significant departure from traditional property law, the court held that pets cannot be treated on par with inanimate property in custody disputes. The judgment recognizes the emotional bond between animals and their caregivers as a legally material factor and establishes a new "best interest of the animal" standard for resolv

The Uttar Pradesh Real Estate Regulatory Authority issued its 10th amendment on March 25, 2026, fundamentally expanding jurisdiction over unregistered real estate projects. Historically, homebuyers in unregistered projects could not file complaints with RERA; they were forced to pursue remedies through civil courts, taking 5-10 years. The amendment allows buyers to lodge complaints, which RERA will hear and determine whether the project qualifies for exemption. This addresses

Real Estate Regulatory Authority reforms in 2026, collectively termed RERA 2.0, introduce mandatory third-party escrow audits and 60-day digital dispute resolution mechanisms. These amendments aim to strengthen buyer protection by ensuring builder funds remain in escrow accounts and are audited independently, while expediting dispute resolution through digital platforms. Third-Party Escrow Audit Requirements RERA 2.0 mandates that all builder escrow accounts be subject to re

The Hindu Succession Act 1956, as amended in 2005, fundamentally transformed property rights in Hindu families. Daughters now have equal coparcenary rights in ancestral property, meaning they inherit and own shares alongside sons. The Supreme Court's landmark decision in Vinita Sharma v. Rakesh Sharma (2020) clarified that this amendment applies retroactively, benefiting daughters regardless of whether their father was alive on the amendment date. The 2005 Amendment and Copa

Foreign Exchange Management Act (FEMA) 1999 and RBI (Reserve Bank of India) Master Directions govern how Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) can acquire, hold, and dispose of property in India. Understanding these rules is essential for NRIs managing real estate investments, inheritance, and financial planning in their homeland. Definitions and Types of NRIs and OCIs An NRI (Non-Resident Indian) is defined as an Indian citizen who resides outsid

Project delays are one of the most pervasive grievances in India's real estate sector, and the Real Estate (Regulation and Development) Act 2016 was enacted in large part to address them. RERA gives homebuyers the right to seek a refund of the amount paid, together with interest, where a developer fails to complete and hand over possession by the agreed date. The right to refund under RERA is now well established in law, and state Real Estate Regulatory Authorities have devel

On March 10, 2026, the Government of India announced a significant amendment to Press Note 3 of 2020, the regulation that imposed mandatory government approval for foreign direct investment from countries sharing a land border with India. The 2026 amendment introduces a threshold-based relaxation: where the beneficial ownership from land-bordering countries is below 10 percent and the ownership is passive and non-controlling, the investment may proceed under the automatic rou

In Jyoti Sharma v Vishnu Goyal, the Supreme Court of India has ruled that a tenant can never become the owner of a rented property through adverse possession, regardless of the duration of occupation. The bench of Justices J.K. Maheshwari and K. Vinod Chandran held that tenancy is a legal relationship based on permission, not hostility, and that a tenant's possession cannot transform into adverse possession against the landlord. The ruling overturned a lower court decision th

The Reserve Bank of India has issued revised guidelines on the opening and operation of current accounts, cash credit accounts, and overdraft facilities by borrowers with aggregate banking exposure of Rs 10 crore or more. The new framework, effective from April 1, 2026, tightens controls on where large borrowers can maintain current accounts, imposes periodic review obligations on banks, and introduces stricter timelines for addressing non-compliance. The rules apply to all s

India's Supreme Court has raised pointed questions about whether the Real Estate Regulatory Authority (RERA) is functioning as intended. On February 12, 2026, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi made strong observations about RERA implementation, noting that the framework appears to benefit defaulting builders rather than protect homebuyers. These observations mark a critical moment in India's real estate dispute resolution landsca

The Real Estate Regulatory Authority (RERA) has the power to initiate proceedings on its own motion (suo-moto) to investigate complaints and violations of real estate law. However, this power is not unlimited. A 2026 Real Estate Appellate Tribunal judgment has clarified important boundaries on suo-moto proceedings, particularly where they are initiated on the basis of anonymous complaints or information obtained through Right to Information (RTI) requests. This article explai

If you have purchased or are considering purchasing a residential or commercial property in India, you are protected by the Real Estate (Regulation and Development) Act, 2016, commonly known as RERA. This statute fundamentally changed the relationship between builders and allottees by creating a statutory framework that prioritises consumer protection. Recent judgments from 2026 have clarified key aspects of RERA compliance, particularly regarding allottee rights to withhold

India's rental housing market affects millions of citizens, yet until recently operated under fragmented state laws dating back decades. The Model Tenancy Act 2021 represents a landmark attempt to modernize the landlord-tenant relationship across India. This article explains how the Act restructures fundamental rights, establishes new dispute resolution mechanisms, and sets enforceable limits on deposits and charges. Whether you are a landlord, tenant, or property manager, un