INDIA Law and Practice Contributed by: Vivek Chandy, Archana Tewary, Kumarmanglam Vijay and Brijita Prakash, JSA
are hopeful that the next step will be liberalising multi-brand retail trading. The government has announced various initiatives to increase invest - ments in the warehousing and logistics sectors, development of sustainable and smart cities, and development of Tier-2 and Tier-3 cities. India’s National Logistics Policy and other steps taken to develop the logistics sector in India have in turn benefited the real estate sector.
plate with necessary changes or make changes to their existing tenancy and rent laws. Licences and Easements Licences are governed under the Indian Ease - ments Act 1882; easements are also recognised separately. A licensee acquires the permission of the owner to use the property, and use is restricted to contractual terms without posses - sion being granted to the licensee. On the other hand, an easement is a right that a person has, to compel the owner of another property to allow something to be done or to refrain from doing something on the property of that owner, for the benefit of the easement right-holder. 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 governed by personal laws or the Indian Succession Act 1925; or • allotment by government organisations/agen - cies. Certain states prohibit companies/firms from purchasing/leasing agricultural land and prohibit people with income above a certain threshold or who are not already agriculturalists from pur - chasing agricultural land. Certain states also have land ceiling laws that restrict acquisition of land beyond specified limits. To promote industries, state governments have introduced various schemes and formed nodal agencies to act as single points for providing various clearances for land acquisition and establishing industries.
2. Sale and Purchase 2.1 Categories of Property Rights Freehold
In a freehold, the owner acquires absolute right, title and interest (including undivided interest in flats/apartments) in property, with unfettered freedom and right to deal with the property. Tenancy (Lease) In a tenancy (lease), the lessee acquires limited interest and rights to property, with the right to possess, occupy and deal with the property in the manner contractually agreed. Indian law also recognises statutory tenants, who are protected under applicable rent control statute and can be evicted only on limited grounds. However, most modern developments leased to corporates are not affected by rent control legislation. Since land is a state subject under the Indian Constitution, tenancy matters are governed by state-specific statutes; matters not covered by state legislation are governed by TOPA, a central legislation. Additionally, the Model Tenancy Act 2021 aims to increase the efficacy and convenience in reg - ulating the renting of premises in a transparent manner. States are at liberty to adopt this tem -
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