Category : Property, Real Estate & Inheritance Law
Whether a Construction Contract can be rescinded due to escalation in material costs and delay caused by unforeseen circumstances, and whether force majeure applies?
The law of contracts is built on a foundational principle: pacta sunt servanda — agreements must be kept. Yet the law has never treated this principle as absolute. From the earliest days of common law, courts have recognised that circumstances can arise which make rigid enforcement of a promise unjust or impossible. Doctrines such as frustration, force majeure, and...
Property Dispute Arises After a Gift Deed – Can the Donor Reclaim the Property?
In Indian Families, property is often demarcated as a symbol of pride, honour and heritage. Out of love and affection, the parent or the donor transfers their property in the form of a gift to their children, loved ones, and associates. The donor usually believes that this action will lead him to be loved and cared for, but life...
Property Dispute Among Family Members – Civil Suit, Criminal Complaint or Mediation?
Disputes over ancestral and jointly held family property are among the most frequent and emotionally charged forms of litigation in India. They may arise from unequal possession, denial of a rightful share, disputed wills, or the exclusion of daughters and other legal heirs from inherited assets.What makes such disputes distinct from ordinary civil litigation is the overlapping web of...
“I Gave My Cousin Power of Attorney in India and Now He’s Refusing to Return My Property — What Now?”
Mr. Bhavya Chawla executed a Power of Attorney in favour of his cousin, Mr. Sanskar Chawla, for managing his residential property in India.The POA authorised Mr. Sanskar Chawla to perform specific acts relating to the maintenance and management of the property. It did not, by itself, transfer ownership or title in the property to him.After obtaining access to the...
I invested a huge amount in a real estate project, but the builder changed the layout after booking — can I claim compensation or cancellation?
Your investment. Your rights. Here’s everything you need to know.You booked your dream flat with a specific layout in mind. You paid a substantial amount, got excited about the design, and perhaps even started planning your furniture placement. Then, out of nowhere, the builder changes the layout without asking you. Frustrating, right? The good news is that under Indian...
I Found Out My Tenant Stopped Paying Rent Because He Knows I Can’t Come Back Soon — What Are My Rights?
Mr. Arjun Sharma owned a residential apartment which he leased to Mr. Rakesh Verma under a written tenancy agreement for a period of eleven months. The agreement required the tenant to pay monthly rent on or before the fifth day of every month and prohibited subletting or unauthorized occupation of the premises. A few months after entering into the...
Builder Altered Project Layout After Booking – Homebuyer’s Right to Compensation and Cancellation
Mr. Arjun Sharma, a software engineer residing in Pune, booked a 3 BHK apartment in a residential project named “Green Valley Residency” being developed by XYZ Builders in 2024. The builder advertised the project as a premium residential complex with landscaped gardens, a clubhouse, children’s play area, and ample open spaces. Based on these representations, Arjun paid ₹25 lakh...
Real Estate Fraud and Legal Remedies in India
Real Estate is the activity of purchasing and selling buildings and land. Real Estate is a broad but complicated sector in India due to certain reasons such as scarcity of land for construction and outdated building patterns. It contributes to around 8% of the country’s Gross Domestic Product. Real Estate fraud is a major problem in India, affecting both buyers and sellers. Fraudsters...
Mesne Profit Determination: Judicial Principles and Challenges in Assessing Compensation for Wrongful Possession
The law relating to mesne profit occupies a pivotal place in the property is civil procedural jurisprudence. It’s probed as a remedy to compensate a person who has been wrong fully deprived of the position of immovable property by any other in unlawful occupation. It is not like the damages in the tort; these are specifically linked to the...
That ‘Family Property’ You Think Is Yours? It Might Not Be — Unless the Documents Say So!
Family property disputes are among the most emotional and financially draining legal battles in India. Many people grow up assuming that a property passed through generations automatically belongs to them — simply because they live in it, manage it, or were told it’s “theirs.” However, under Indian law, property ownership isn’t based on memories or promises; it’s based on...
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