India: Real Estate

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Real Estate Newsletter Aug 2026
For nearly two years, setting up a new industrial unit or undertaking industrial expansion in the Taj Trapezium Zone (TTZ) required the leave of the Supreme Court. On 23.07.2026, this position changed when the Court modified the restriction imposed in October 2024, permitting the TTZ Authority to process approximately 400 pending applications for industrial projects in the region, subject to a prescribed scrutiny mechanism.
India Real Estate
KS
King, Stubb & Kasiva
Article
Prior Clearance Endures, Amnesty Narrows: The Supreme Court’s Verdict In Vanashakti v. Union Of India
The article summarises recent Supreme Court judgment that provides important clarity on the law governing post facto environmental clearances by reaffirming the primacy of prior environmental clearance and delineating the narrow circumstances in which statutory regularisation may be permissible. It also draws a clear distinction between delegated legislation and executive action, limiting the scope for future administrative regularisation.
India Environment
SA
Shardul Amarchand Mangaldas & Co
Article
Supreme Court Clarifies Inheritance Rights Where Property Is Jointly Held In The Names Of Two Widows Under The Indian Succession Act, 1925
The Supreme Court has clarified how property registered in the joint names of two wives of a common husband should be treated for succession purposes under the Indian Succession Act, 1925. In a case involving a 1959 property purchase where the husband provided consideration but registered the land in his two wives' names, the Court held that the property vested in the wives themselves, not the husband. The judgment demonstrates how Sections 33, 35 and 38 of the Act must be applied sequentially and separatel
India Family
MH
Mansukhlal Hiralal & Co.
Article
Why Standard Project Finance Safeguards Do Not Disqualify Debenture Holders From The Committee Of Creditors
The intersection of structured finance and insolvency law continues to generate significant judicial discourse, particularly on the question of when a financial creditor ceases to be a mere lender and becomes a related party of the corporate debtor. A recent ruling by the National Company Law Tribunal, New Delhi Bench, in Rishi Gupta and Anr. v. IDBI Trusteeship Services Ltd. and Ors. offers important clarity on this issue.
India Finance
IL
IndiaLaw LLP
Article
Force Majeure vs. Unforeseen Circumstances In Indian Real Estate
India’s real estate sector has witnessed unprecedented growth over the last decades, driven by institutional investment, large-scale urbanization and increasingly sophisticated contractual structures. As projects become larger and transaction timelines longer, contracting parties are placing greater emphasis on contractual risk allocation. Among the provisions attracting increased attention are force majeure clauses and contractual protections against unforeseen circumstances.
India Real Estate
SA
Shardul Amarchand Mangaldas & Co
Article
RERA Authority Cannot Adjudicate Historical Title Disputes While Considering Project Registration: Madhya Pradesh High Court
The Madhya Pradesh High Court, in M.P. Real Estate Regulatory Authority, Bhopal v. Shri Ji Builders and Developers, has clarified the scope of powers exercisable by the Real Estate Regulatory Authority while considering an application for registration of a real estate project under the Real Estate Regulation and Development Act, 2016.
India Real Estate
IL
IndiaLaw LLP
Article
Bombay High Court: Public Premises Act, 1971 Overrides Maharashtra Rent Control Act In Unauthorised Occupation Disputes
Bombay High Court rules Public Premises Act, 1971 overrides Maharashtra Rent Control Act, barring unauthorised occupants from claiming tenancy protection in property disputes. In a significant ruling on evictions laws pertaining to public premises, in India, the Bombay High Court has reaffirmed the overriding effect of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (“Public Premises Act”) over State rent control legislation in matters concerning unauthorised occupation of public premises.
India Real Estate
HA
HSA Advocates
Article
MIDC Issues Detailed Guidelines On Transfer Of Share Capital To REITs
The Maharashtra Industrial Development Corporation has issued new guidelines governing the transfer of share capital of plot-holding companies to Real Estate Investment Trust structures. These regulations impose strict family ownership requirements, mandate detailed documentation and periodic certifications, and establish comprehensive compliance obligations for plot holders seeking to participate in REIT arrangements.
India Finance
AP
AZB & Partners
Video
Defective Land Titles In India: Why Property Due Diligence Matters | Podcast Bites (Video)
Defective land titles in India pose significant risks to property buyers, often revealing that ownership is far more complicated than what appears in official documents. Understanding the complexities of property due diligence and title verification becomes crucial for anyone looking to invest in Indian real estate. This podcast explores the hidden challenges and legal intricacies that can turn a seemingly straightforward property purchase into a legal nightmare.
India Real Estate
IL
IndiaLaw LLP
Article
Compulsory Acquisition Under Article 300A: The Seven-Test Framework
The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.
India Litigation
SA
Shardul Amarchand Mangaldas & Co
Article
Supreme Court Stays Bombay High Court Order Releasing Thane Land From “Private Forest” Acquisition: Implications For Forest Land Classification, TDR And Development Rights
In a significant interim order impacting forest land disputes, urban development, and Transferable Development Rights (TDR) in Maharashtra, the Supreme Court has stayed the operation of the Bombay High Court’s judgment directing the release of approximately 193 acres of land at Manpada, Thane from acquisition under the Maharashtra Private Forests (Acquisition) Act, 1975.
India Environment
KS
King, Stubb & Kasiva
Article
Family Members Or Heirs: Distinct Routes To Tenancy Succession
In Parsi Punchayet Funds and Properties, Bombay v. Ms. Katty J. Mistry (Writ Petition No. 3944 of 2000), the Bombay High Court considered an important question concerning succession to statutory tenancy under Section 5(11)(c)(i) of The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act): whether an heir may inherit a tenancy without having resided with the deceased tenant.
India Real Estate
SA
Shardul Amarchand Mangaldas & Co
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