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Understanding India’s Property Acts & Regulations

India's real estate sector has witnessed a paradigm shift over the last few decades—both in terms of infrastructural development and regulatory frameworks. For homebuyers, investors, and developers, understanding the legal landscape is crucial to making informed and secure property decisions. From legacy acts to modern reforms, here's a look at the old and new property rules shaping real estate in India.

The Foundation: Key Historical Real Estate Laws

The Transfer of Property Act, 1882

This century-old law governs the transfer of immovable property and outlines the rights and responsibilities of buyers and sellers. Despite its age, it still serves as a foundational legal framework in real estate transactions today.

The Indian Contract Act, 1872

Property deals often involve complex contractual agreements. This act lays the legal groundwork for contracts and is essential for sale deeds, lease agreements, and builder-buyer contracts.

The Registration Act, 1908

A crucial law that mandates the registration of property transactions. Without proper registration, property ownership is not legally recognized.

The Rent Control Acts

These acts were introduced post-independence to regulate rental prices and protect tenants from arbitrary eviction. However, many have criticized these laws for being outdated and skewed against landlords.

Reforms That Reshaped the Landscape

RERA – Real Estate (Regulation and Development) Act, 2016

Possibly the most transformative law in recent years, RERA has brought transparency, accountability, and structure to the sector. Key benefits include:

Every state has its RERA portal, making it easier for buyers to verify builder credentials and project status.

Benami Transactions (Prohibition) Act, 1988 – Amended in 2016

This act prohibits property purchases made in someone else’s name (benami). The 2016 amendment brought stricter enforcement and penalties, aiming to curb black money circulation in real estate.

The Insolvency and Bankruptcy Code (IBC), 2016

The IBC enables homebuyers to be treated as financial creditors. If a builder fails to deliver the property or goes bankrupt, buyers can initiate legal proceedings through the National Company Law Tribunal (NCLT).

The Land Acquisition, Rehabilitation and Resettlement Act, 2013

Replacing the colonial Land Acquisition Act of 1894, this modern law ensures fair compensation, rehabilitation, and consent for landowners when the government acquires land for public purposes or private projects.

Recent Updates & Buyer-Centric Changes

GST on Real Estate

Under current rules, affordable housing attracts 1% GST (without ITC), while non-affordable properties are taxed at 5%. Land and ready-to-move-in properties (with Occupancy Certificate) are exempt from GST.

Digital Property Records and E-Registration

States like Maharashtra and Karnataka are moving towards online property registration, e-stamping, and integration of land records under the Digital India Land Records Modernization Programme (DILRMP).

Model Tenancy Act, 2021

Aimed at revamping India’s archaic rent control laws, this act provides a balanced framework protecting both landlords and tenants. While not yet adopted by all states, it promises better rental yield and dispute resolution.

Why It Matters

For developers like Mana Projects, who prioritize transparency, sustainability, and customer satisfaction, regulatory compliance is a core value. With 29+ projects delivered and thousands of satisfied homeowners, Mana’s legacy aligns well with the real estate laws that seek to protect consumers and encourage ethical development.

Conclusion

India's evolving real estate laws are helping to transition the sector from a largely unregulated space to a professionally governed industry. For homebuyers, these regulations offer much-needed protection and transparency. For builders, they provide a roadmap to deliver better, smarter, and more sustainable homes—just like the ones Mana Projects continues to create across Bengaluru.

Whether you're investing, buying your dream home, or planning to rent, staying updated on these legal developments is your strongest asset in India’s property market.