In our Constitution, while ‘Land’ falls under the State List, ‘Transfer of property and registration of deeds and documents’ falls under the Concurrent List. Hence, in India, Real Estate Laws are governed by both State-specific laws and Federal laws.
The process of buying and registering a property may seem perplexing. You need not worry we are here to help you know the real estate law in India better.
1. The Real Estate (Regulation and Development) Act, 2016
2. The Indian Stamp Act, 1899
3. The Transfer of Property Act, 1882
4. Indian Easement Act,1882
An Act to define and amend the law relating to Easements and Licenses. Easement, as defined under Section 4 of the Act, is a right enjoyed by the owner of the dominant heritage over the heritage of the servient owner for the beneficial enjoyment of his land.
The word ‘land’ refers to everything permanently attached to the earth and the words ‘beneficial enjoyment’ denotes convenience, advantage, or any amenity or any necessity. The owner or occupier referred to in the provision is known as the Dominant Owner and the land for the benefit of which the easementary right exists is called Dominant Heritage. Whereas the owner upon whose land the liability is imposed is known as the Serviant Owner and the land on which such liability is imposed to do or prevent something, is known as the Servient Heritage.