Handbook With Case Laws On , The Real Estate (Regulation And Development)Act, 2016 A Practitioner, s Guide-Rajan Kumar Hans

Handbook With Case Laws On, The Real Estate (Regulation And Development)Act,2016 A Practitioner,s Guide-Rajan Kumar Hans is a law textbook published by Allahabad Law Agency.

Written with the needs of law students in mind, it explains the principles and provisions of the subject in a systematic and readable manner, making it a dependable companion for coursework and examination preparation.

Key highlights:

• Systematic, student-friendly treatment of the subject
• Suited to the LL.B. syllabus and competitive examinations
• A trusted Allahabad Law Agency title

What’s Inside — Complete Section Map (10 Chapters, Sections 1–92, with Case Laws)

A practitioner’s guide rather than a student primer: every section of the Real Estate (Regulation and Development) Act, 2016 is followed by the practical questions that actually arise before RERA authorities and tribunals, each answered from decided cases.

Opening — the home buyer’s remedies compared: criminal complaint for cheating, civil suit for recovery, the Consumer Protection Act, the Competition Commission, arbitration, the Insolvency and Bankruptcy Code and RERA — with a direct comparison of RERA v. CPA v. IBC from the home buyer’s perspective · then real estate in the Indian constitutional scheme, the need for the Act, its timeline and operationalisation, the doctrine of repugnancy, and the rules of interpretation applied to it.

Chapter I — Preliminary (Sections 1–2): the definitions clause worked through at length with the questions practitioners face — when the Adjudicating Officer may award compensation and whether mental agony qualifies, why advertisements are not free speech and the guidelines governing them, the agreement for sale as an executory contract and whether RERA prevails over its terms, pre-RERA agreements, missing possession clauses, unregistered agreements, long-term lessees and subsequent allottees as “allottees”, whether an investor is an allottee, what makes an “apartment”, carpet area, built-up and super built-up area, FSI and FAR, common areas and parking belonging to the Association of Allottees, completion and occupancy certificates, and the crucial distinction between penalty, interest, compensation and refund.

Chapter II — Registration (Sections 3–10): prior registration of a project, what counts as an “ongoing project” under different State Rules, retrospective applicability, redevelopment projects, the application for registration, ring-fencing of project receivables and the 70% norm, grant, validity, extension (including force majeure) and revocation of registration with a worked case study, the authority’s obligations after lapse or revocation and the first right of the Association of Allottees, and the registration and functions of real estate agents.

Chapter III — Functions and Duties of the Promoter (Sections 11–18): the conveyance deed and the consequences of failing to execute it, RERA details in advertisements, sale through a General Power of Attorney, why building-plan approval must precede any money, and whether time is of the essence · veracity of advertisements and the retroactive nature of Section 12 · no deposit without an agreement for sale, earnest money and forfeiture · adherence to sanctioned plans and structural defects · transfer of a project to a third party · insurance · transfer of title · and Section 18 — return of amount and compensation, treated in depth: when refund may be refused, why interest is neither penalty nor compensation, delay in possession as a recurring cause of action, and why a builder cannot deny compensation citing the buyer’s delayed payments.

Chapter IV — Rights and Duties of Allottees (Section 19), including the Resident Welfare Association and holding charges.

Chapters V–VII — The machinery (Sections 20–58): establishment, composition, qualifications, tenure and removal of the Real Estate Regulatory Authority · filing complaints — the fees and forms authority by authority, registered versus unregistered projects, locus standi, limitation, res judicata, and whether heirs of a deceased allottee may claim · the Authority’s functions, powers of investigation, interim orders and directions, rectification, and recovery of interest, penalty or compensation as arrears of land revenue · the Central Advisory Council · and the Real Estate Appellate Tribunal — the pre-deposit condition under Section 43(5), bench strength, appeals and condonation of delay, powers, execution of orders as a decree, and appeal to the High Court on a substantial question of law.

Chapters VIII–X — Offences and Miscellaneous (Sections 59–92): the penalties for non-registration and for each contravention, and for failure to comply with orders of the Authority or Tribunal by promoter, agent or allottee · offences by companies and compounding · the power to adjudicate and the factors the Adjudicating Officer must weigh, with a treatment of forum hopping · finance, accounts and audit · and the miscellaneous provisions — bar of jurisdiction, delegation, supersession, rule-making, the doctrine of election, the overriding effect of the Act and the effect of repeal.