13 Must Know Property Laws for Real Estate Investors and Home Buyers in India

If you’re planning to buy a property in India, it’s crucial to have a good understanding of the property laws in the country. These laws can be complex and confusing, but knowing them will help you avoid legal issues and make informed decisions about your investment.

Here are thirteen must-know property laws for homebuyers in India:

1. The Real Estate (Regulation and Development) Act (RERA) – This act was introduced in 2016 to regulate the real estate sector and protect homebuyers’ interests. Under this act, builders have to register their projects with the regulatory authority, and they must also disclose all project-related information, such as project plans, land title, and completion timelines.

2. The Indian Registration Act – This act mandates the registration of property deeds, leases, and mortgages to make them legally valid. All property transactions must be registered with the local Sub-Registrar of Assurances, and the registration fee is calculated based on the property’s value.

3. The Transfer of Property Act – This act governs the transfer of property from one person to another. It outlines the different types of property transfers, such as sale, gift, and mortgage, and the legal requirements for each type of transfer.

4. The Indian Stamp Act – This act governs the payment of stamp duty on property transactions. The stamp duty is calculated based on the property’s value and is a percentage of the transaction amount.

5. The Land Acquisition Act – This act outlines the process for acquiring land for public purposes. It mandates the payment of compensation to landowners and lays down the legal framework for land acquisition.

6. The Income Tax Act – This act governs the taxation of income from property. Property owners are required to pay income tax on rental income and capital gains from property sales.

7. The Benami Transactions (Prohibition) Act, 1988: This act prohibits benami transactions, where a property is held in the name of one person, but the real owner is someone else. It also provides for the confiscation of benami property.

8. The National Green Tribunal Act, 2010: This act provides for the establishment of the National Green Tribunal, which has jurisdiction over environmental disputes related to real estate projects.

9. The Specific Relief Act, 1963: This act provides for the enforcement of specific rights, including the right to ownership of property, through a court order.

10. The Karnataka Apartment Ownership Act of 1972 (KAOA), which went into effect in 1975, promotes the formation of democratic homeowner groups. These organisations make sure that the housing societies and apartment buildings run well. These associations are often registered by the developers. In the event that does not occur, the flat inhabitants can take the initiative and get it registered in line with the municipal regulations that control the use of property in urban areas with the aid of a lawyer. They establish guidelines for zoning laws, construction standards, and property taxes.

11. The Environment Protection Act – This act lays down regulations for the protection of the environment. It mandates compliance with environmental laws for all property development projects.

12. The Consumer Protection Act – This act protects consumers’ interests in property transactions. It mandates fair and transparent dealing by developers and lays down legal remedies for consumers in case of fraud or malpractice.

13. The Indian Contract Act – This act governs the legal framework for property contracts. It outlines the requirements for a valid contract, such as offer, acceptance, and consideration.

Conclusion

In conclusion, understanding these property laws is essential for anyone planning to invest in Indian real estate. By being aware of these laws, homebuyers can make informed decisions and avoid legal issues that can arise from non-compliance, It’s always advisable to consult a legal expert for guidance and advice before entering into a property deal.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law, Property Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.