![]() Registration Act, 1908 and Indian Stamp Act, 1899: The said Acts govern laws relating to payment of stamp duty and requirements for registration of various deeds, documents and instruments relating to transfer of interest in immovable property.Indian Easement Act, 1882: This Act governs the law relating to easementary rights to immovable property.The States must adopt the provisions of this Act. Transfer of Property Act, 1882: This Act is a central act and provides general principles of movable and immovable property, such as sale, exchange, mortgage, lease and gift of property, part performance and lis pendens.The following are some of the key pieces of legislation governing real estate in India: Over the years, the higher judiciary in India has also made various judicial pronouncements on matters relating to real estate law, which act as judicial precedents and govern the interpretation of applicable laws. Additionally, since India is a country with diverse sects, laws relating to various aspects such as devolution, inheritance, etc., are often based on various customary principles and practices applicable to different sects, in addition to codified laws. ![]() ![]() This is because, in accordance with Article 246 of the Constitution of India, ‘Land’ is the subject matter under the State List or List-II of the Seventh Schedule to the Constitution of India, which enlists subjects on which only States can legislate, while ‘Transfer of Property other than agricultural land, registration of deeds and documents’ and ‘Contracts other than for agricultural lands’ are enlisted under the Concurrent List or List-III of the Seventh Schedule to the Constitution of India, which are subjects on which both the Central Government and the States can legislate. ![]() Real estate in India is governed and impacted by a combination of Federal (Central) and State-specific laws. Those relating to tax should be listed in response to questions in Section 9. Those relating to zoning and environmental should be listed in response to question 12.1. Laws relating to leases of business premises should be listed in response to question 10.1. 1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. ![]()
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