LL.B. (Three Years) Real Estate Law Syllabus - SPPU 2026
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Syllabus for Real Estate Law
Course aims
- This course delves into the legal intricacies of real estate transactions in Maharashtra, India. Students thoroughly understand the key regulations governing these transactions by enrolling. The curriculum covers The Real Estate (Regulation and Development) Act, 2016 (RERA) along with the Maharashtra Real Estate Rules, 2017and its impact on promoters, buyers (allottees), and real estate agents. alongside the Maharashtra Regional and Town Planning Act, of 1966, which dictates development plans and land use control. Additionally, the course sheds light on the Maharashtra Rent Control Act, 1999, equipping students with knowledge of rent control regulations, eviction procedures, repairs, and sub-letting.
Objectives
- ● This course provides an in-depth exploration of the legal aspects of real estate transactions in Maharashtra, India.
- ● Students will gain a comprehensive understanding of key regulations, including The Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra Real Estate Rules, 2017, and their implications for promoters, buyers (allottees), and real estate agents.
- ● The curriculum also covers the Maharashtra Regional and Town Planning Act, 1966, focusing on development plans and land use control, as well as the Maharashtra Rent Control Act, 1999, which addresses rent control regulations, eviction procedures, repairs, and sub-letting.
Outcomes
- ● This comprehensive course equips you to navigate the legal complexities of India’s real estate market. the student is well versed with key terms used in RERA and real estate rules,
- ● The student is also well equipped with project and agent registration processes, the student understands the roles and responsibilities of promoters, buyers, and agents, navigates regulatory bodies like RERA, interpret development plans and land-use control regulations, and confidently apply the Maharashtra Rent Control Act for rent control, eviction, repairs, and sub-letting.
- ● With eight modules featuring lectures and essential readings, this course empowers students to succeed in the real estate landscape.
Module 01: 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
Module 02: 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
Module 03: 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)
Module 04: 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)
Module 05: 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
Module 06: 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
Module 07: 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
Recommended Readings
- 1. K Goyal, Guide to Real Estate (Regulation and Development) Act, 2016, 2nd ed, Commercial Law Publishers, 2017.
- 2. S Desai, Maharashtra Regional and Town Planning Act, 1966, Snow white, 2017.
- 3. Taxman, Maharashtra RERA Law and Practice. Mumbai. Western India Regional Council of the Institute of Chartered Accountants of India, 2024.
- 4. C.R Rao. Real Estate (Regulation and Development) Act, 2016. Bangalore. Puliani & Puliani, publications, 2022.
- 5. Khandelwal, K.K. & Khandelwal, S.S.: Commentary and Digest on the Real Estate (Regulation and Development) Act, 2016. (2) New Delhi. The Bright Law House, 2020
- 6. Sunil Dighe, Snow White Publications: Real Estate (Regulation and Development) Act, 2016 with Maharashtra Rules and Regulation, 2017. Mumbai. Snow White Publications Pvt. Ltd., 2023.
- 7. Vaidya, B.: Commentary on the Real Estate (Regulation and Development) Act, 2016 along with Maharashtra Rules and Regulations. (2 - Updated Reprint) Mumbai. Snow White Publications Pvt. Ltd.,2022
- 8. Dighe, S. Real Estate (Regulation and Development) Act, 2016 with Maharashtra Rules and Regulations, 2017. Mumbai. Snow White Publications, 2023.
- 9. Dave, P.: Maharashtra Regional and Town Planning Act, 1966. Mumbai. Snow White Publications Pvt. Ltd., 2023.
- 10. Puranik, A.B.; Choudhari, D.R. & Choudhari, A.N.: Commentary on Maharashtra Regional and Town Planning Act, 1966. (14, Reprint) Pune. CTJ Publications, 2022.
- 11. Jathar, V.; Jathar, M. & Oka, A.S.: Maharashtra Regional and Town Planning Act, 1966. [With Rules, Notification and Allied Laws] (Ed. 1) Pune. Hind Law House, 2023.
- 12. Gupte, A.K.; Sethi, G. & Sethi, J.: Maharashtra Regional and Town Planning Act, 1966. Pune. Hind Law House, 2022.
- 13. A K Gupte’s, Land Laws in Maharashtra, Hind Law House, 2023.
- 14. Dighe, S. Maharashtra Rent Control Act, 1999 and Rules 2017. and the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 and Rules, 1948 including Allied Rent Control Acts] Mumbai. Snow White Publications Pvt. Ltd., 2022.
- 15. Dalal, J.H.; Gupte, A.K.; Sethi, G. & Sethi, J.: Commentary on the Maharashtra Rent Control Act, 1999. (Pune. Hind Law House, 2023.
Any other information
- 1. The topics, cases and suggested readings given above are not exhaustive.
- 2. Teachers of the Course shall be at liberty to add the case/suggested readings.
- 3. Students are required to study/refer to the legislation as amended from time to time and consult the latest editions of books on this course. ΩΩΩ
Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.
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Complete LL.B. syllabus
Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024
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