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Civil & Property

Property and civil law in Kerala and India: title checks, sale deeds, land conversion, partition, tenancy, boundary disputes and RERA.

18 posts

Civil & Property

NCLT vs Builders: Homebuyers Guide to IBC and Reverse CIRP

For years, homebuyers dealing with stalled real estate projects and vanishing builders were left with limited legal recourse. However, the Insolvency and Bankruptcy Code (IBC) has fundamentally shifted the power dynamics. Recognized legally as "financial creditors", flat buyers can now drag defaulting developers to the National Company Law Tribunal (NCLT). With recent judicial innovations like Reverse CIRP, the focus has shifted heavily toward ensuring buyers get their flats rather than enduring endless litigation for refunds.

Civil & Property

The Reality of Building High-Rise Apartments on Small Plots in Kerala: A Compliance Guide

The demand for vertical living in Kerala has surged, but the state's stringent building regulations present unique challenges for developers working with compact land parcels. As documented in our internal case records within MSLA BLogs[cite: 1], erecting a high-rise residential complex on a plot measuring just under 30 cents is legally permissible but practically constrained by the Kerala Municipality Building Rules (KMBR) 2019.

Civil & Property

Is an Unregistered Sale Deed Valid in Kerala? A Legal Action Plan

An unregistered sale deed that has been signed does not transfer legal ownership of the property. Under Indian law, specifically Section 17 of the Registration Act and Section 54 of the Transfer of Property Act, the registration of a sale deed is mandatory to complete the transfer of immovable property worth over 100 rupees.

Civil & Property

Kerala's 'Land Reforms 2.0': What It Means for Plantation Land and Buyers of Estate Property

For decades, plantation land in Kerala has occupied a peculiar legal space. Under Section 81 of the Kerala Land Reforms Act, 1963, plantations growing tea, coffee, rubber, cardamom, and cocoa are exempt from the ceiling limits that otherwise cap how much land a family can hold. That exemption was designed to protect the economic viability of the plantation sector, but it comes with strings attached, and those strings are now the subject of renewed government attention and strict judicial scrutiny.

Civil & Property

Navigating the Severance of Tenements: Crucial Precautions When Selling Land with Shared Utilities

Relying on implied legal protections, such as an "easement of necessity" under the Indian Easements Act, 1882, is a risky strategy that often ends in protracted court battles. To ensure the peaceful enjoyment of the retained property (the dominant heritage) and to prevent future disputes with the buyer (the owner of the servient heritage), absolute precision in conveyancing is mandatory.

Civil & Property

Partition of Property in Kerala: Legal Process and Common Challenges

In Kerala, land is not merely a financial asset; it is deeply intertwined with family heritage and social standing. Consequently, when joint ownership becomes untenable, the legal process of dividing that land—known as a partition suit—frequently becomes one of the most emotionally charged and procedurally complex battles fought in civil courts.

Civil & Property

India's Real Estate Litigation Revolution: Five Supreme Court Judgments of 2025 That Rewrite the Rules

The year 2025 produced a cascade of Supreme Court judgments that have fundamentally restructured the legal landscape of real estate disputes in India. From constitutionally anchoring the right to shelter under Article 21, to drawing a hard line between genuine homebuyers and speculative investors, to dismantling the myth that a long-tenanted property can be claimed through adverse possession—the apex court has delivered a body of real estate jurisprudence unmatched in its breadth and practical impact in recent memory.

Civil & Property

RERA at the Crossroads: Supreme Court Warnings & Kerala's 2026 Real Estate Laws

On February 12, 2026, the Supreme Court of India delivered a rebuke that shook the country's real estate sector to its foundations. A bench headed by Chief Justice of India Surya Kant paused a routine administrative hearing to deliver a withering verdict on the Real Estate (Regulation and Development) Act, 2016 (RERA): "Except facilitating builders in default, it is not doing anything else. Better to just abolish this institution."

Civil & Property

Boundary Disputes in Kerala: Legal Remedies for Encroachment

In Kerala, the exceptionally high value of land, combined with dense population demographics and highly fragmented landholdings, makes property boundaries a persistent flashpoint for civil litigation. What begins as a minor disagreement over a shifted fence or an overhanging sunshade frequently escalates into protracted legal battles that can paralyze property development and transactions for decades.