Corporate, Commercial & Finance
Real Estate and Property Law
Property transactions and title due diligence, RERA and homebuyer remedies, and real-estate disputes.
Property is where the largest sums and the longest disputes often meet, and most problems trace back to title and documentation that were not checked carefully at the outset. The firm advises buyers, sellers, owners and homebuyers on transactions and on the disputes that follow when a title is defective, a project is delayed, or possession is withheld.
The work is built on documents: the chain of title, the sale and registration papers, and the builder-buyer agreement. Reading them properly, before money changes hands, prevents most later litigation.
Transactions and title
A property transaction is governed by the Transfer of Property Act, 1882, the Registration Act, 1908 and the Indian Stamp Act, 1899. The firm conducts title due diligence, examining the chain of ownership, encumbrances and approvals, and drafts and reviews the agreement to sell, the sale deed and the related documents so that title passes cleanly and is properly registered.
RERA and homebuyer protection
The Real Estate (Regulation and Development) Act, 2016 protects homebuyers by regulating developers and projects and by giving buyers remedies for delay and default. In Newtech Promoters and Developers v. State of U.P. the Supreme Court held that RERA applies to ongoing projects that lacked a completion certificate when the Act commenced, widening its protection. Separately, in Pioneer Urban Land and Infrastructure v. Union of India the Court held that homebuyers are financial creditors under the Insolvency and Bankruptcy Code, giving them a further route against a defaulting developer.
Disputes and remedies
When a deal goes wrong, the remedy depends on the problem: a complaint before the RERA authority for delay or misrepresentation, a suit for specific performance or possession, or recovery proceedings. The firm advises on the most effective route and conducts the proceedings on the documents.
The legal framework
The principal statutes and the provisions that most often decide these matters. Statute text can be read in the firm's Legal Library; always check the current version at the official source.
Real Estate (Regulation and Development) Act, 2016 · Act 16 of 2016
- RERA — registration of projects, developer obligations and homebuyer remedies for delay and default.
Transfer of Property Act, 1882 · Registration Act, 1908 · Act 4 of 1882
- Transfer of Property Act — sale, mortgage, lease and the substantive law of transferring property.
- Registration Act — compulsory registration of documents affecting immovable property.
Indian Stamp Act, 1899
- Stamp duty — the duty payable on instruments, and the consequence of insufficient stamping.
Key judgments
Grouped by issue. Each case is cited from the court's own record; open a heading to read it.
RERA & homebuyer protection 1
Newtech Promoters and Developers v. State of U.P. Supreme Court
2021 INSC 716
Upheld RERA and held that it applies to ongoing projects that did not have a completion certificate when the Act commenced, extending its protection to buyers in those projects.
Homebuyers as financial creditors 1
Pioneer Urban Land and Infrastructure v. Union of India Supreme Court
(2019) 8 SCC 416
Homebuyers and allottees are financial creditors under the Insolvency and Bankruptcy Code, since money paid towards an apartment has the commercial effect of a borrowing, giving buyers a further remedy against a defaulting developer.
How we work on these matters
The firm advises buyers and owners to check title and documentation before money changes hands, which prevents most later disputes.
Where a dispute has arisen, the remedy, RERA complaint, civil suit or recovery, is chosen for the specific problem and pursued on the documents.
Advice on the strength of a title or a claim is given candidly, including where a transaction carries real risk.
Frequently asked questions
What should I check before buying a property?
The chain of title, any encumbrances or mortgages, the required approvals and the seller's authority to sell, together with correct stamping and registration of the documents. A title due diligence before payment is the single best protection against a later dispute.
My builder has delayed possession. What can I do?
RERA gives homebuyers remedies for delay, including a complaint to the regulator. Following Pioneer Urban, buyers are also financial creditors under the Insolvency and Bankruptcy Code. The right route depends on the facts, and the firm advises on which is most effective.
Does RERA apply to a project that started before 2016?
In many cases, yes. In Newtech Promoters the Supreme Court held that RERA applies to ongoing projects that did not have a completion certificate when the Act came into force, so buyers in such projects can still seek its protection.
This note is general information on the law as at Jun 2026, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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