Real Estate Law Notes | B.B.A. LL.B. (Five Years) Semester 10 | SPPU | munotes

Contents

Module 01 Introduction, Registration of Projects and Real Estate Agents under Real Estate (Regulation and Development) Act 2016

1. The Real Estate Act 2016: Why It Was Enacted and How It Is Built 1
2. RERA: Objects, Application, the Enactment Scheme and Housing Policy 6
3. The Key Definitions of the Real Estate Act (Section 2) 10
4. Registration of Real Estate Projects 15
5. Registration of Real Estate Agents 21

Module 02 Relationship Between Parties under RERA Act 2016

1. The Promoter: Functions and Duties 25
2. Publication on the Website, and Its Effect 30
3. The Agreement for Sale of a Flat Under RERA 33
4. Rights and Duties of Allottees 42

Module 03 Authorities, Tribunal, and Remedies under RERA Act 2016

1. The Real Estate Regulatory Authority, and the Central Advisory Council 46
2. Complaints, Enforcement, Appearance, Effect of the Act and Bar of Jurisdiction 51
3. The Real Estate Appellate Tribunal 56
4. Offences, Penalties and Adjudication 61

Module 04 The Maharashtra Regional and Town Planning Act, 1966

1. The Maharashtra Regional and Town Planning Act 1966: Object and Scheme 65
2. Town Planning Law, and the Development Plan 68
3. The Development Plan: Its Contents and Implementation (Sections 21, 22 and 42) 72
4. Control of Development and Use of Land (Sections 43 to 58) 75

Module 05 The Maharashtra Rent Control Act, 1999 - Forfeiture and Recovery of Possession

1. Rent Control in Maharashtra: Object and History of the 1999 Act 79
2. A Lease under the Transfer of Property Act, and a Tenancy under the Maharashtra Rent Control Act 1999 82
3. The Rent Control Act: Application and Exemptions (Sections 2 to 6) 88
4. The Rent Control Act: Definitions (Section 7) 91
5. Relief Against Forfeiture: No Eviction of a Tenant Who Pays (Section 15) 95
6. Recovery of Possession by the Landlord (Sections 16 and 18 to 22) 98
7. The Landlord's Rights and Duties (Sections 28 to 32, 55 and 56) 102
8. Jurisdiction of Courts and Appeals (Sections 33 to 38) 105

Module 06 The Maharashtra Rent Control Act, 1999 - Standard Rent, Repairs, Sub Tenancies

1. Standard Rent and Permitted Increases (Sections 7 to 13) 108
2. The Landlord's Duty to Repair, and Recovery for Repairs (Sections 14, 16(1)(h) and 17) 111
3. Subletting, Assignment and Sub-Tenants (Sections 25 and 26) 114

Module 07 The Maharashtra Rent Control Act, 1999 - Special Cases and Licenses

1. Leave and Licence in Maharashtra: Why the Law Puts It in Writing 117
2. Special Cases: Licensors and Members of the Armed Forces (Sections 23 and 24) 123
3. The Competent Authority (Sections 39 to 52) 127