Real Estate Law

Unit 1 — Introduction, Registration of Projects and Real Estate Agents under Real Estate (Regulation and Development) Act 2016:

1. Objects and Application of the Act, Enactment scheme (Central and State) : Act, Rules and Regulations, Housing Policies of Governments · 2. Meaning of the terms - advertisement, allottee, apartment, building, carpet area, commencement certificate, common areas, competent authority, completion certificate, development, development works, estimated cost of real estate project, garage, interest, occupancy certificate, promoter, prospectus, real estate agent, real estate project, sanctioned plan · 3. Registration of real estate project, procedure, consequences of non registration · 4. Registration of real estate agents, procedure and consequences of non registration · 5. Functions, duties and liabilities of real estate agents

Unit 2 — Relationship Between Parties under RERA Act 2016:

1. Functions, duties, obligations and liabilities of a promoter - from advertisement to completion of project · 2. Publication on web-site, effect · 3. Transfer of title, Agreement for sale · 4. Rights, duties and liabilities of allottees

• Sale [Sections 54 — 57]

Unit 3 — Authorities, Tribunal, and Remedies under RERA Act 2016:

1. Real Estate Regulatory Authority: Establishment, Incorporation, Composition · 2. Qualification of Chairpersons and members, Meetings, Powers and functions · 3. Filing of complaints, Enforcement of orders, Appearance in person and legal representation (Sections 20-23, 29, 31, 32, 34-38, 40, 56) · 4. Effect of the Act (Sections 88-89), · 5. Bar of jurisdiction (Section 79) · 6. Appeals - Real Estate Appellate Tribunal, Establishment, Composition · 7. Application to Tribunal, Powers, Execution of orders (Sections 43- 45, 53-54) · 8. High Court (Section 58) · 9. Offences and Penalties by promoter, allottee and real estate agents (Sections 59-68) · 10. Power to adjudicate compensation (Sections 71-72)

Unit 4 — The Maharashtra Regional and Town Planning Act, 1966

1. Object, Application, and General Scheme of the Act · 2. Development Plan, its contents and implementation (Sections 21, 22 and 42) · 3. Control of Development and use of Land included in Development Plans (Sections 43-58)

Unit 5 — The Maharashtra Rent Control Act, 1999 - Forfeiture and Recovery of Possession :

1. Rent Control in urban areas, Object and Historical background of the Act · 2. Application of the Act and Exemptions · 3. Definitions : Landlord, legal representative, licensee, paying guest, premises, tenant · 4. Relief against forfeiture · 5. Recovery of possession by landlord (Sections 16, 18-22) · 6. Landlord’s rights, duties and liabilities : enter for inspection, essential supplies, conversion of use, receipt for rent, registration of agreements, lawful charges · 7. Jurisdiction of courts, Appeals

• Lease [Sections 105 — 117]

Unit 6 — The Maharashtra Rent Control Act, 1999 - Standard Rent, Repairs, Sub Tenancies :

1. Definition: standard rent, permitted increase · 2. Standard rent: its concept, components, increase in rent, liability to pay standard rent, Application for fixing standard rent, Court’s power to fix standard rent · 3. Landlord’s duty to repair, Recovery of possession for repairs (Sections 16(1)(h), 17) · 4. Prohibition on subletting, assignment or transfer; Sub-tenants to become tenants

Unit 7 — The Maharashtra Rent Control Act, 1999 - Special Cases and Licenses :

1. Special provisions for recover of possession by licensors, effect of non registration of agreement · 2. Special provisions for recover of possession by members of armed forces · 3. Competent Authority, its powers and functions, bar of jurisdiction, no appeal, summary disposal of applications, special procedures, enforcement of orders

• Indian Easements Act, 1882