Photo of Taher D Mandviwala

Partner in the Real Estate Practice at the Mumbai office of Cyril Amarchand Mangaldas. Taher is currently a part of the real estate practice group with a special emphasis on Core conveyancing and real estate transaction support work. He has worked on a wide range of matters relating to real estate (both residential and commercial) including investments, leasing, licensing, sale, acquisition, development and mortgaging of land and premises. He can be reached at taher.mandviwala@cyrilshroff.com

Model Tenancy Law - Model Tenancy Act Overview - Landlord Rights in India

The announcement of the Union Budget 2019-2020 (Budget) by the Finance Minister, Ms. Nirmala Sitharaman, introduced a few changes in the periphery of the real estate sector. On July 10, 2019, the housing ministry put a policy in the public domain for suggestions, which could act as the model act for States and Union Territories to regulate this segment. The Model Tenancy Act, 2019 (Model Act), takes forward what was proposed in the Draft Model Tenancy Act, 2015.

With property prices far beyond the reach of many millennials, renting has the opportunity to become a far more common housing option. The Model Act brings in transparency enabling a two-fold mechanism wherein the landowners will be less vary of a possible threat of repossession and will let-out their homes to yield rent, which will in turn increase the footing for the real estate market. The concept of sharing spaces both living and working viz. a viz. ownership, presently being the market preference, have been covered under the Model Act.  
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Lease Transactions Under RERA

Real estate is one of the largest industries in India. In the past two decades, the real estate sector has seen a boost in the country, in terms of the quantum of development (commercial and residential properties) and the price of properties. In spite of the same, real estate has remained the most unregulated of sectors, with every State having a different law to regulate properties. Hence, there was no single superior legislation, which would govern this industry.

The absence of a specific, stringent law for this industry led to exploitation of buyers of the property, by the developers. For example, there could be excessive delay in construction and handing over possession of property, biased/arbitrary contracts, deduction in the usable area of the property by developers, and a lack of transparency in the sector, and such like. Due to these issues, the Government of India, introduced a central legislation viz. the Real Estate (Regulation and Development) Act, 2016 (Act) to regulate the real estate industry, resolve the issued faced by buyers and bring transparency in this sector. All the States have been mandated to form the Real Estate Regulatory Authority for the implementation of Act and form rules and regulations under the same.
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