Notes on Indian law filed under RERA and real estate, published by Juris Eagle.https://juriseagle.com/insights/practice/rera-and-real-estateen-inMon, 09 Nov 2026 12:40:42 GMThttps://juriseagle.com/disclaimerhttps://juriseagle.com/insights/what-an-allottee-can-do-when-a-developer-does-not-deliver-rera-ibc-and-consumer-routeshttps://juriseagle.com/insights/what-an-allottee-can-do-when-a-developer-does-not-deliver-rera-ibc-and-consumer-routesAn allottee whose developer has not delivered a flat can ask, under section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), either for the money back with interest or, staying in the project, for interest for every month of delay, at the rate in rule 16 of the Karnataka Real Estate (Regulation and Development) Rules, 2017, which is the State Bank of India highest marginal cost of lending rate plus two per cent. Compensation goes to an adjudicating officer under section 71, and an appeal lies to the Real Estate Appellate Tribunal within sixty days, where a promoter must first deposit the amount payable to the allottee, or at least 30 per cent of any penalty, or both, under the proviso to section 43(5). Money raised from an allottee is financial debt under section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016 (IBC), so the allottee is a financial creditor under section 5(7), but a joint insolvency application needs 100 allottees of the project or 10 per cent of them, whichever is less. An allottee who bought the flat other than for a commercial purpose is a consumer under the Consumer Protection Act, 2019, and until an insolvency moratorium intervenes that route stays open alongside, before the District Commission up to INR 50 lakh paid, the State Commission up to INR 2 crore and the National Commission above that.Sat, 07 Nov 2026 00:00:00 GMTAdv. Adithya Karthik KReal estate and RERArera-and-real-estateinsolvencyhttps://juriseagle.com/insights/nri-or-oci-selling-property-in-india-and-remitting-abroadhttps://juriseagle.com/insights/nri-or-oci-selling-property-in-india-and-remitting-abroadA non-resident Indian (NRI) or an overseas citizen of India (OCI) cardholder may sell immovable property in India to a person resident in India, and the Reserve Bank of India's directions under the Foreign Exchange Management Act, 1999 (FEMA) let an authorised dealer bank send the money abroad, but each exit route has its own cap and conditions. For a sale in the tax year that began on 1 April 2026, the buyer's duty to withhold tax sits in section 393(2) of the Income-tax Act, 2025, long-term gains are taxed at 12.5 per cent under section 197, and remitting a Non-Resident (Ordinary) Rupee (NRO) account balance is limited to USD 1 million per financial year without the Reserve Bank's prior approval.Tue, 25 Aug 2026 00:00:00 GMTAdv. Harsha Swaroop PTaxrera-and-real-estatetaxation-and-fiscaltransaction-advisoryhttps://juriseagle.com/insights/inheriting-property-in-india-from-abroadhttps://juriseagle.com/insights/inheriting-property-in-india-from-abroadUnder section 6(5) of the Foreign Exchange Management Act, 1999 (FEMA), rule 24(c) of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 and the Reserve Bank of India's (RBI) Master Direction on immovable property, a non-resident Indian (NRI) or overseas citizen of India (OCI) may inherit any immovable property in India, agricultural land included. The RBI's Master Direction on Remittance of Assets lets an authorised dealer bank remit inherited assets and their sale proceeds abroad up to USD 1 million a financial year. Whether the heir also needs probate or a succession certificate turns on the asset and, for a will, on section 213 of the Indian Succession Act, 1925, which Parliament omitted by an Act that received assent on 20 December 2025.Tue, 07 Jul 2026 00:00:00 GMTAdv. Harsha Swaroop PProperty and successionrera-and-real-estatetransaction-advisoryhttps://juriseagle.com/insights/rera-delay-runs-from-the-agreement-datehttps://juriseagle.com/insights/rera-delay-runs-from-the-agreement-dateSection 18(1)(a) of the Real Estate (Regulation and Development) Act, 2016 fixes liability by reference to the terms of the agreement for sale and the date specified in it. The completion date a promoter declares to the authority at registration, and any extension of that registration, belong to a different obligation and do not move the date from which interest for delay is counted. Two decisions of the Bombay High Court in 2026 applied that distinction, and both ran the clock from the agreement.Thu, 25 Jun 2026 00:00:00 GMTAdv. Harsha Swaroop PReal estate and RERArera-and-real-estateprojects-and-landhttps://juriseagle.com/insights/oci-cardholder-rights-property-and-work-in-indiahttps://juriseagle.com/insights/oci-cardholder-rights-property-and-work-in-indiaAn Overseas Citizen of India (OCI) cardholder is a foreign national, and the Ministry of Home Affairs (MHA) notification S.O. 1050(E) of 4 March 2021, made under section 7B of the Citizenship Act, 1955, gives the cardholder a lifelong multiple-entry visa, parity with a Non-Resident Indian (NRI) on buying and selling immovable property other than agricultural land, a farm house or plantation property, and the rights of a foreigner in every other economic, financial and educational field. Four heads of activity need special permission, and the registration can be cancelled under section 7D.Mon, 13 Apr 2026 00:00:00 GMTAdv. Adithya Karthik KProperty and successiontransaction-advisoryrera-and-real-estatecivil-disputeshttps://juriseagle.com/insights/power-of-attorney-signed-abroad-for-a-salehttps://juriseagle.com/insights/power-of-attorney-signed-abroad-for-a-saleA non-resident Indian (NRI) who signs a power of attorney abroad has two routes to a document Indian authorities will take: signature before an Indian consular officer, or signature before a foreign notary followed by an apostille under the Hague Convention of 1961. Either way the instrument is stamped in Karnataka within three months of first reaching the State, under section 18 of the Karnataka Stamp Act, 1957, and a general power of attorney (GPA) does not itself sell a flat: the Supreme Court has held that a transfer needs a registered deed of conveyance, which the attorney can sign for the owner.Mon, 09 Dec 2024 00:00:00 GMTAdv. Adithya Karthik KReal estate and RERArera-and-real-estatetransaction-advisory2024 Juris Eagle. This website is intended solely for informational purposes and does not constitute solicitation or advertisement under applicable Bar Council regulations. The transmission or receipt of information through this platform does not create an advocate-client relationship. Legal advice is rendered only upon formal written engagement with the firm.