Real Estate

Insolvency Proceedings are commenced upon bankruptcy of a debtor. In simple terms, bankruptcy is inability of a corporate debtor to pay back its creditors. Insolvency and Bankruptcy Code, 2016 (“IBC”) governs insolvency proceedings in India. A corporate insolvency resolution process (“CIRP”) is a recovery mechanism for the creditors of the corporate debtor and the CIRP can be initiated under Section 7 & Section 9 of the IBC. ......

Section 60 of the Transfer of Property Act, 1882, lays down that after the principal money becomes due, the mortgagor can tender the money and require the mortgagee to deliver the possession of the property or the dead/documents to him. In 2020, the Supreme Court held that the right to redeem a property from a mortgagee, cannot be denied. ......

In a recent order issued by the National Company Law Appellate Tribunal ("NCLAT") in the case of Sushil Ansal Vs. Ashok Tripathi , the NCLAT has held that a decree-holder cannot be treated as a financial creditor for the purpose of triggering insolvency proceedings against a company. ......

The object and purpose of the Registration Act, 1908 (“the Act”) amongst other things, is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or affecting a particular property, and to perpetuate documents which may afterwards be of legal importance, and to prevent fraud....

Contractual lease provisions are freely negotiable in India. In the absence of a contract to the contrary, the Transfer of Property Act 1882 ("TOPA") provides for certain rights and liabilities which govern the relationship between the landlord and the lessee.A lease deed is typically drafted by the landlord and thus, may contain several conditions that favour the landlord. It is however important to ensure that an effective commercial lease deed protects the rights of the lessee as well....

RERA, a breakthrough reform in the real-estate sector, brings relief to homebuyers. Issues of delayed possession, ambiguity in carpet area, unfair practices, questionable documentation and permissions, will now in all probability be addressed in favour of the consumer. This brings about a much-needed transparency and structure to this otherwise disorganized system. ...