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PRACTICE AREA / 05

Property & real estate

Know what the property papers promise.

The law on buying, building and renting property in Haryana: homebuyer rights, building permissions, and leases.

The laws covered: Real Estate (Regulation and Development) Act, 2016 · Haryana Real Estate (Regulation and Development) Rules, 2017 · Transfer of Property Act, 1882 · Registration Act, 1908

RERA & homebuyersBuilding permissionsLeases & rentRegistration & stamp duty

SUBJECTS WITHIN THIS AREA

Key questions under this law.

01

Buying from a builder

Is the project registered with RERA, and what can a buyer claim if possession is delayed? (ss. 3, 18 and 31, RERA Act, 2016)

02

Building on a plot

What may be built on a residential plot in Haryana, and where does the stilt-plus-four policy stand in court?

03

Leases and rent

Which rent agreements must be registered and stamped, and what governs security deposits? (s. 107, Transfer of Property Act, 1882; s. 17(1)(d), Registration Act, 1908)

A PRACTICAL STARTING POINT

A self-check
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COMMON QUESTIONS

A little more context.

Property law in Haryana depends on State rules, local building byelaws and the documents of the particular property.

Haryana Real Estate Regulatory Authority ↗
Can a homebuyer get a refund if possession is delayed?

If the promoter fails to give possession as agreed, the buyer may withdraw and claim a refund with interest and compensation, or stay in the project and receive interest for every month of delay (s. 18(1), RERA Act, 2016).

Where is a RERA complaint filed?

With the State Real Estate Regulatory Authority or, where compensation is claimed, with the adjudicating officer (ss. 31 and 71, RERA Act, 2016).

Is an 11-month rent agreement exempt from registration?

Compulsory registration applies to leases from year to year, for more than one year, or reserving a yearly rent (s. 107, Transfer of Property Act, 1882; s. 17(1)(d), Registration Act, 1908). A lease for one year or less that does not reserve a yearly rent need not be registered, though it may be. Renewal or lock-in clauses can take the real term past one year. Stamp duty under the State’s stamp law still applies.

Does a lease agreement confirm the landlord’s title?

No. Title, encumbrances and approvals are separate questions that depend on the property records.

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