Land Law

 Do the 15-20 questions Sir has already given.

QUESTIONS AND IMPORTANT TOPICS:

1. Real Estate (Regulation and Development) Act, 2016

 Do definitions under RERA: Who is an allottee, what is an apartment, what is carpet area,
appropriate government, what is garage, immovable property, sanction plan, S. 3 (v imp),
s. 11 Duties of promoters, s. 18,19,34 read these sections very well – ALL
DEFINITIONS UNDER RERA ARE IMPORTANT.

 Promoter shall not be entitled to sell flat without first registering with: Ans. RERA (Real
Estate Regulatory Authority) (options: MHADA, Municipal Corporation)
 Which entity is designated to carry out objectives of the Act? Ans. Real Estate Regulatory
Authority (no tribunal, no association)

(Many definitions under RERA might come.)

2. Maharashtra Stamp Act and Indian Registration Act

 Stamp Act: What is the effect of not paying stamp duty under Mah Stamp Act?
 Stamp Duty Payable on Immovable Property Transactions
 Registration Act: What are the effects of non-registration of documents that have to be
compulsorily registered under S. 17 of Registration Act?
 S. 18 and 17 – Optional and Compulsory Documents under Registration Act
 Which of the following document is not compulsory to be registered under IRA? Will
 Is the stamp duty payable on transaction or instrument? A. Instrument
 What is conclusive evidence of registration of cooperative society? Ans. Certificate of
Registration.

3. Maharashtra Apartment Ownership Act, 1970:

 Read the case - Nahalchand Laluchand v Panchali Coopt Hsg Society: Talks about
parking disputes in society.
 Only 1-2 sections will come – refer to syllabus.
 Under the Act, Each Apartment Owner is entitled to undivided interest in common
area and facilities of entire society– equivalent to amount of shares held by him
(In societies act, it belongs to society). Imp
 What does Association of Apartment Owners mean – Ans. All of the Apartment
Owners acting as a consortium in accordance with bylaws and declaration. - Imp
 Redevelopment of condominium.

4. Maharashtra Rent Control Act, 1999

 Do Sections 3, 6, 7, 8, 10, 14, 15, 16, 26, 29, 30, 31, 32, 34 of Maharashtra Rent
Control Act.
5. Maharashtra Co-operative Societies Act,1960
 Do Section 91
 Minimum no. of people required to register a society under the Mah Coopt Socy Act
– Ans. 10.
  If a share is held jointly by two members in a cooperative society– who is entitled to
vote – Ans. The person whose name stands first in share certificate.
 Provisions of the Mah CS Act apply to a cooperative society only if it is
REGISTERED under the Mah CS Act – (when do the provisions apply?).

 Rights of members in a society vis a vis apartment

6. Maharashtra Housing & Area Development Act, 1976 (MHADA):

 What is the aim and objective of MHADA Act? To fulfil Art. 39 of Constitution – DPSP
 Duty of the Mumbai Repairs & Reconstruction Board, to undertake and carry out
STRUCTURAL repairs.
 Alternative accommodation under MHADA.

7. Maharashtra Land Revenue Code 1966

 Permission of collector to change agricultural land to non-agricultural if: Ana. Land is used
for personal bonafide purpose in non urban area.
 If a person purchases agricultural land, all details of land are mentioned in which document?
7/12 extract (saat bara)
 Right to all mines or minerals whether on surface or underground shall belong to State
Government.
 S. 59 – summary eviction, charge on land s. 72, s. 161.

8. The Right of Fair Compensation & Transparency in Land Acquisition,

Rehabilitation & Resettlement Act, 2013
 Land acquisition process under the Land acquisition act of 1984 shall be deemed to have
lapsed if no
 S. 16, 4, 30 of new act – Solatium – 100% of compensation amount can be given.
 Who shall prepare a rehabilitation scheme under LAA? Ans. Administrator
 Pune Municipal Corp v Harichand Solanki: SC gave true meaning of expression
Compensation under S. 24. (Do this case)
 When can Social Impact Assessment not be carried out? Ans. Only in case of urgency.
 Govt restores land to the persons interested therein in case of: Ans. Temp occupation by govt
for public purpose under new LAA
 Right to Property – is it a constitutional or fundamental right?
 Which constitutional amendment repealed 19(1)(f)?
 Read Natural Theory of Property – whoever acquired things became its owner.
 In a Leave and License agreement, the licensee only has right to occupation.
 In case of acquisition of land, which criteria is adopted by collector to determine market
value? Ans. Avg. sale price for similar piece of land in nearest village or vicinity
 S. 26 of new act – parameters to be considered by Collector for award
 Who would decide a dispute relating to apportionment of amount of compensation under new
Land Acquisition Act? Ans. Land Acquisition, Rehabilitation and Resettlement Authority
(and not Collector or Administrator).
  Read Art. 31(1) of Constitution of India – transposed to 300 A (do this).
 Read s. 81 to 83.
 Read s. 4- 9 : Social impact assessment and exemption.

What are the instruments liable to be stamped under the Maharashtra stamp act?

What are the consequences of non payment of stamp, under the act?

Is stamp duty payable on all instruments for transfer of immovable property?

Schedule 1 Maharashtra Stamp Act. (Exception: transfer by will, transfer by original nomination in
corporative housing society)

What is the time of stamping? When is stamp duty payable? In reference with registration act as well (
when the registration has to be done)

All instruments are liable to be stamped before execution or at the time of execution or on the date of
execution or immediately next week of execution ( In Maharashtra). Validity of stamp paper: 6
months.

Documents which are not executed in Maharashtra but outside and is concerned with property located
in Maharashtra: 3 months from the date of receiving the document.

Land Law Provisions:

Module 1:

Constitutional Provisions

1. Under which amendment was right to property as a fundamental right was affected:
44th Amendment

2. State the right reason for removal of right to property under fundamental right (Article
19(1)(f))

Possible answers:

a. Agrarian reforms
b. (INCOMPLETE OPTIONS)

3. Definitions: Agricultural land under Right to Fair Compensation Act is land used for
the purpose of:

a. Agriculture/horticulture

b. Dairy farming

c. Poultry farming

d. All of the above: Correct Answer

4. Under Right to Fair Compensation Act, ‘cost of acquisition’ includes,

a. Cost of acquisition of land and building for settlement of displaced or adversely affected
families.

b. Cost of development of infrastructure and amenities at the resettlement areas.

c. Solatium

d. All of the above: Correct Answer

5. Under Right to Fair Compensation Act, ‘displaced family’ means,

a. Any family who has to be relocated for the purpose of land acquisition

b. Who has to be resettled from the affected areas

c. A family who has no interest in the land

d. Both A and B: Correct Answer

6. The term ‘family’ under the Right to Fair Compensation Act includes,

a. A person along with his/her spouse.

b. Minor children and minor brothers

c. Minor sisters dependent upon him

d. All of the above: Correct Answer

7. The term ‘land’ under the Right to Fair Compensation Act:

a. Benefits to arise out of the land

b. Things attached to the earth.

c. Things permanently fastened to anything attached to the earth.

d. All of the above: Correct Answer

8. The term ‘person interested’ Right to Fair Compensation Act means,

a. All persons claiming an interest in compensation to be made for the acquisition of land.

b. A person interested in an easement affecting the land.

c. Any person whose primary source of livelihood is likely to be adversely affected

d. All of the above: Correct Answer

9. The term ‘public purpose’ Right to Fair Compensation Act means,

a. For strategic purposes of Army

b. For infrastructure projects which includes agro-processing

c. For infrastructure projects which involving marketing for agriculture, dairy, fisheries and
meat processing set up or owned by the appropriate Government.

d. All of the above: Correct Answer

10. For preparation of Social Impact Assessment Study under Section 4 of the Right to Fair
Compensation Act, the appropriate Government shall consult:

a. The farmers

b. The Collector

c. The Panchayat: Correct Answer (S.49(1))

d. None of the Above

11. The Social Impact Assessment Study under Section 4 of the Right to Fair Compensation
Act, shall include,

a. Assessment as to whether the proposed acquisition serves private purpose

b. Estimation of affected families likely to be displaced.

c. Extent of land both public and private, houses, settlements and other common properties
likely to affected by the proposed acquisition.

d. Both B and C: Correct Answer

12. Publication of Social Impact Assessment Study under Section 4 of the Right to Fair
Compensation Act should be made available in,

a. Only English language

b. Both Hindi and English

c. In local language: Correct Answer

d. None of the Above

13. The Expert Group constituted for appraisal of Social Impact Assessment Report under
Right to Fair Compensation Act shall include,

a. Two representatives of Panchayat

b. Two experts on rehabilitation

c. A technical expert in the subject relating to the project

d. All of the above: Correct Answer

14. The appropriate Government shall for the purpose of examination of proposal for land
acquisition and Social Impact Assessment Report, shall ensure, (Section 8)

a. Only the minimum area of land required for the project is proposed to be acquired.

b. Maximum area of land required for the project is proposed to be acquired.

c. That there is no unutilised land that has been previously acquired in the area.

d. Both A and C: Correct Answer

15. For providing an exemption from Social Impact Assessment where the land is proposed
to be acquired for urgent provisions, which authority can exempt undertaking Social Impact
Assessment? (Section 9)

a. The appropriate Government: Correct Answer

b. The Commissioner

c. The High Court judges

d. None of the Above

16. For publication of Preliminary Notification under the Right to Fair Compensation Act it shall
be published in which of the following:

a. Only English Newspaper

b. In two daily newspapers circulating in the area of which one is in the regional language

c. Both A and C: Correct Answer

LAND LAW: IMPORTANT QUESTIONS

1. REGISTRATION ACT: time of registration of document. Section 17 of registration act. Effect of

non-registration
2. RERA: Rights and duty of promoter. Rights and duty of tenant.

3. MHADA: Chapter 8 and 8A