India: Real Estate

India's 12-year limitation period for adverse possession claims creates significant vulnerabilities for EU investors holding land-backed assets, offering fewer protections than the UK's Land Registration Act 2002.

Delay in handing over possession remains one of the most persistent issues in the Indian real estate sector. Homebuyers often make substantial financial commitments based on possession timelines promised by developers, and delays result in significant hardship, including continued rent obligations, loan repayments, and blocked investments. To address these concerns, the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) introduced a statutory framework ensuring greater transparency, accountability, and protection for allottees, including the right to claim interest and compensation for delayed possession.

The applicability of the Micro, Small and Medium Enterprises Development Act, 2006 ("MSMED Act") to a works contract has emerged as a contentious legal issue with significant ramifications for the construction and contracting industry in India. As infrastructure development accelerates across the country and contractual disputes proliferate between enterprises, a fundamental question has come to the fore: Whether Works Contract fall within the ambit of the MSMED Act's protective framework?

In the recent case of Navin M Raheja vs. Vipul Jain and Ors., the Hon'ble National Company Law Appellate Tribunal, New Delhi ("NCLAT") has held that the Corporate Insolvency Resolution Process ("CIRP") against a real estate company should be project-based and should not be extended to all ongoing projects of the real estate company.

Explore critical insights across multiple sectors including Middle East construction challenges amid regional conflict, the intersection of financial reporting valuations and tax compliance, large-scale financial remediation strategies for overdraft fee disputes, and strategic healthcare real estate investment forecasts for 2026. These analyses examine how geopolitical uncertainty, regulatory scrutiny, and evolving market dynamics shape business decisions and operational strategies.

Buying or leasing property in India involves substantial financial commitment and long-term consequences. Many buyers focus on price and location while overlooking a critical safeguard...

RBI published its Draft Second Amendment Directions 2026 to the "Commercial Banks - Credit Facilities" framework on February 2026 which introduces a systematized approach for banks to provide credit to Real Estate Investment Trusts (REITs) and establishes unified standards for Infrastructure Investment Trusts (InvITs).

Various states have started to implement the Centre's Model Tenancy Act (MTA) framework through their "New Rent Rules 2026" which will operate until 2025 and until the beginning of 2026. The process of recording and enforcing both residential and commercial tenancy agreements in India has entered a new phase which will transform current practices.

The evolution of India’s real estate sector has long been constrained by high entry barriers, opacity, and illiquidity. The introduction of Real Estate Investment Trusts (REITs), however, marks a decisive shift, transforming real estate from a traditionally asset-heavy investment into a market-linked, regulated financial instrument.