Real Estate Law

Maharashtra National Law University, Aurangabad · LL.B. Semester 8

Unit I — Introduction to Real Estate Laws in India

Real estate law vis-à-vis Indian constitution, Types of land rights, Legislation governing real estate in India, Local laws related to zoning, Conceptual understanding of Floor Space Index (FSI), Transferrable Development Rights (TDR) etc.

Unit II — Applicability, Registration and Documentation Under Rera

Primary approvals (prior to registration of project) and on-going approvals, RERA Registration- Procedure, approval, and extension; example of application for registration of project as per FORM’A’ Maharashtra real estate(regulation and development) rules, 2017, Revocation of Registration and its effect, Duties of Real Estate Agent, Documentation- Brochure, Advertisement, Agreement to sale and sale deed, Draft/Model form of agreement for sale, possession receipt between promoter and allottee of apartment,

Unit III — Institutions in India for Regulation of Real Estate Sector

Obligations and responsibilities of promoter, Rights and duties of allottees, Real estate of regulatory authority: Establishment, powers, functions, Central advisory authority, Real estate appellate tribunal.

Unit IV — Offences, Penalties and Adjudication Under Rera

Drafting and filing of complaint/ appeal, Draft complaint as per Form ‘A’ Maharashtra real estate(regulation and development) (Recovery of interest, penalty, compensation, fine payable, forms of complaint and appeal etc) rules, 2017.

Unit V — Other Enactments for Rights of Consumers in Real Estate Sector

Interplay of RERA with consumer laws, insolvency and bankruptcy code, Other civil and criminal remedies available to various stakeholders in real estate sector, Rights of NRIs to own properties