Fifth Year B.A. LL.B. - Semester IX
Fifth Year B.B.A. LL.B. - Semester IX
Third Year LL.B. - Semester V
Optional Subject 5 (Any one from the following) :
LO 0908 Land Laws I :
Objectives of
the Course : Land rights refer to the inalienable ability of individual to
freely obtain, use, and possess land at their discretion, as long as their
activities on the land do not impede on other individuals’ rights. The purpose
of the course, divided in two semesters, is to acquaint the students about laws
that govern the use and dealing with land and buildings, and regulation and
control of activities concerning land.
This course deals with laws that mainly affect urban
properties, their development and dealings. With a sound background of law of
transfer of property, this course equips the student with all other laws that
affect use and dealings of land, and activities that enable its best use.
Although much of course content involves laws in force in the State of
Maharashtra, the principles governing these laws are common across laws on the
subjects in other states.
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Module 01 |
The Maharashtra
Ownership Flats Act, 1963 : 1.
Objects and Application of the Act 2.
Definitions : flat, construct a block or
building of flats or apartments, and promoter 3.
Duties, liabilities, responsibilities and
disabilities of a promoter 4.
Alterations, additions and defects to
structure and building 5.
Flat purchase agreement, and its registration 6.
Rights, liabilities of a flat-taker 7.
Essential supplies and services 8.
Offences by promoters and by companies |
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Module 02 |
The Maharashtra
Apartment Ownership Act, 1970 : 1.
Objects and Application of the Act 2.
Definitions of - apartment, apartment owner,
building, common areas |
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and facilities, common
expenses, common profits, declaration, limited common areas and facilities,
and property 3.
Apartment as transferable property, its
ownership, separate assessment 4.
Declaration, its contents, formalities,
registration; Amendment to Declaration 5.
Common areas and facilities, encumbrances
against apartments 6.
Contribution to common expenses, charge 7.
Rights, duties, liabilities and disabilities
of an apartment owner, tenants and users 8.
Bye-laws, Management of Apartments Condominium
9.
Disposition of property, destruction or damage
10. Distinction
between ownership of apartment, ownership of share in joint property, and
holding of flat in a cooperative housing society |
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Module 03 |
The Real Estate (Regulation and Development) Act, 2016, and the
Maharashtra Real Estate Rules, 2017 - Introduction, Registration of Projects
and Real Estate Agents : 1.
Objects and Application of the Act, Enactment
scheme (Central and State) : Act, Rules and Regulations, Housing Policies of
Governments 2.
Meaning of the terms - advertisement,
allottee, apartment, building, carpet area, commencement certificate, common
areas, competent authority, completion certificate, development, development
works, estimated cost of real estate project, garage, interest, occupancy
certificate, promoter, prospectus, real estate agent, real estate project,
sanctioned plan 3.
Registration of real estate project,
procedure, consequences of non registration 4.
Registration of real estate agents, procedure
and consequences of non registration 5.
Functions, duties and liabilities of real
estate agents |
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Module 04 |
The Real Estate
(Regulation and Development) Act, 2016, and the Maharashtra Real Estate
Rules, 2017 - Relationship Between Parties : 1.
Functions, duties, obligations and liabilities
of a promoter - from advertisement to completion of project 2.
Publication on web-site, effect 3.
Transfer of title, Agreement for sale 4.
Rights, duties and liabilities of allottees |
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Module 05 |
The Real Estate (Regulation and
Development) Act, 2016 - Authorities, |
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Tribunal, and Remedies :
1. Real
Estate Regulatory Authority: Establishment, Incorporation, Composition
2. Qualification
of Chairpersons and members, Meetings, Powers and functions
3. Filing
of complaints, Enforcement of orders, Appearance in person and legal
representation (Sections 20-23, 29, 31, 32, 34-38, 40, 56)
4. Effect
of the Act (Sections 88-89), Bar of jurisdiction (Section 79) 5. Appeals
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6.
Real Estate Appellate Tribunal, Establishment,
Composition 7.
Application to Tribunal, Powers, Execution of
orders (Sections 43- 45, 53-54) 8.
High Court (Section 58) 9.
Offences and Penalties by promoter, allottee
and real estate agents (Sections 59-68) 10. Power
to adjudicate compensation (Sections 71-72) |
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Module 06 |
The Maharashtra
Regional and Town Planning Act, 1966 : 1.
Object, Application, and General Scheme of the
Act 2.
Development Plan, its contents and
implementation (Sections 21, 22 and 42) 3.
Control of Development and use of Land
included in Development Plans (Sections 43-58) |
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Module 07 |
The Maharashtra Rent Control Act, 1999 - Forfeiture and Recovery of
Possession : 1.
Rent Control in urban areas, Object and
Historical background of the Act 2.
Application of the Act and Exemptions 3.
Definitions : Landlord, legal representative,
licensee, paying guest, premises, tenant 4.
Relief against forfeiture 5.
Recovery of possession by landlord (Sections
16, 18-22) 6.
Landlord’s rights, duties and liabilities :
enter for inspection, essential supplies, conversion of use, receipt for
rent, registration of agreements, lawful charges 7.
Jurisdiction of courts, Appeals |
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Module 08 |
The Maharashtra Rent Control Act, 1999 -
Standard Rent, Repairs, SubTenancies : 1.
Definition: standard rent, permitted increase 2.
Standard rent: its concept, components,
increase in rent, liability to pay standard rent, Application for fixing
standard rent, Court’s power to fix standard rent 3.
Landlord’s duty to repair, Recovery or
possession for repairs (Sections 16(1)(h), 17) 4.
Prohibition on sub-letting, assignment or
transfer; Sub-tenants to become tenants |
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Module 09 |
The Maharashtra Rent
Control Act, 1999 - Special Cases and Licenses : 1.
Special provisions for recover of possession
by licensors, effect of non registration of agreement 2.
Special provisions for recover of possession
by members of armed forces 3.
Competent Authority, its powers and functions,
bar of jurisdiction, no appeal, summary disposal of applications, special
procedures, enforcement of orders |
Recommended Readings:
1. J
V N Jaiswal, Housing Law in India,
Eastern Book Company, 2007.
2. Abhay
M Shah, The Maharashtra Ownership Flats
(Regulation of the Promotion of Construction, Sale, Management & Transfer)
Act, 1963, Current, 2010.
3. M
C Jain and H M Bhatt, Law Relating to
Ownership of Flats and Apartments in the State of Maharashtra, Noble Law
House, 2014.
4. Sunil
Dighe, Maharashtra Housing (Regulation
and Development) Act, 2012 and the Maharashtra Ownership of Flats Act, 1963,
Snow White Publications, 2016.
5. G
M Divekar, Law of Ownership Flats,
2000.
6. K
Goyal, Guide to Real Estate (Regulation
and Development) Act, 2016, 2nd ed, Commercial Law Publishers, 2017.
7. A
K Gupte, Real Estate (Regulation and
Development) Act, 2016, Hind Law House, 2016.
8. A
B Puranik, D R Choudhari, and A N Choudhari, Maharashtra Regional and Town Planning Act, 1966, CTJ Publications,
2017.
9. S
Desai, Maharashtra Regional and Town
Planning Act, 1966, Snow white, 2017.
10. S
Dighe, Maharashtra Rent Control Act, 1999,
Snow white, 2016.
11. A S
Chandurkar, Maharashtra Rent Control Act,
1999, Shanti Law House, 2015.
Note for Syllabus of all Subjects :
1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.
2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.
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