INDIA Law and Practice Contributed by: Vivek Chandy, Archana Tewary, Kumarmanglam Vijay and Megha Arora, JSA
and to develop sustainable and smart cities, and Tier-2 and Tier-3 cities. The National Logistics Policy and other steps taken to develop the logistics sector in India have yielded positive results, which is expected to result in growth in the real estate sector as well.
ner. States are at liberty to adopt this template with necessary changes or to make changes to their existing tenancy and rent laws. Licences and Easements Licences are governed under the Indian Ease - ments Act 1882 (Easements Act); easements are also recognised separately. A licensee acquires the permission of the owner to use the prop - erty, and use is restricted to contractual terms without de jure possession being granted to the licensee. An easement is a right to compel the owner of another property to allow something to be done or to refrain from doing something on that property, for the benefit of the holder of the easement right. 2.2 Laws Applicable to Transfer of Title Generally, a person can acquire title to immov - able property through: • an act of the parties, including sale, gift, exchange or lease, governed by TOPA and RERA; • succession; or • allotment by government organisations/agen - cies. Certain states prohibit companies/firms from purchasing/leasing agricultural land, and pro - hibit people with income above a certain thresh - old or who are not already agriculturalists from purchasing agricultural land. Certain states also have land ceiling laws that restrict the acquisi - tion of land beyond specified limits. 2.3 Effecting Lawful and Proper Transfer of Title Documents governing rights/transfers of immov - able property are registered before the juris - dictional Sub-Registrar of Assurances (SRA). Registrations are mandatory for instruments
2. Sale and Purchase 2.1 Categories of Property Rights Freehold Rights
Here, a person acquires absolute right, title and interest (including undivided interest) in a prop - erty and becomes the sole owner of the proper - ty, with unfettered freedom and the right to deal with the property. Tenancy (Lease) Rights Here, a person acquires limited interest and rights to a property, with the right to occupy and deal with the property in the manner contrac - tually agreed between parties. Indian law also recognises statutory tenants, who are protected under the applicable rent control statute and can be evicted only on limited grounds. However, most modern developments leased to corpo - rates are not affected by rent control legislation, as corporates do not generally derive protection under it. Since land is a state subject under entry 18 List II of the State List of the Seventh Schedule to the Indian Constitution, states formulate their own laws for rent and tenancy. Tenancy matters are governed by state-specific statutes, and matters not covered by state legislation are governed by TOPA, which is central legislation. In addition, the Model Tenancy Act, 2021 aims to increase the efficacy and convenience in regulat - ing the renting of premises in a transparent man -
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