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India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified form today. Indian legal system has a healthy mixture of civil, common law, customary and religious laws within the legal framework inherited from the colonial era. Indian laws also adhere to the United Nations guidelines on Human Rights Laws and Environmental Laws.
Federalism in India is defined through Part IX of the Constitution of India which distributes the legislative, administrative and executive powers between the Central and State Government. The legislative powers are categorized under Union List, State List and Concurrent List, representing, respectively, the powers conferred upon the Union Government, those conferred upon the State Government and powers shared among them.
Real Estate Laws refer to laws controlling the ownership and use of land. It covers the rights to possess, use and enjoy land and the permanent man-made additions attached to it. Real Estate Sector is often touted to be one of the most complex and complicated sector mainly owing to a wide array of laws governing the same. The 44th Amendment Act ,1978 added Chapter VI on Right to Property in the Constitution of India. Article 300A states that no person shall be deprived of the possession of his property except in accordance with the procedure established by law.
However, every right comes with corresponding set of liability, obligations and responsibility. “Ignorantia Juris Non Excusat” is a legal maxim holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
Dr. Adv. Harshul Savla
Dr. Adv. Harshul Savla (MRICS) is a Principal Partner of M Realty (Suvidha Lifespaces) which has successfully completed more than 1.2 million sq.ft. in last 30 years across Mumbai City under the able leadership of Mr. Pramesh Rambhiya. CRISIL India recognized Dr. Harshul as “Young Thought Leader” and Realty NXT featured him as “Young Turk of Real Estate Sector”. He has won the prestigious CREDAI-MCHI Golden Pillar Award in the category of Best Debutant Real Estate Developer and has been awarded “Young Achiever of the Year” by ET NOW, CNN News 18, ZEE Business, MAHARASHTRA Times, ABP News, MID DAY and Realty Quarter.
Dr. Harshul has worked as EA to Ramesh Nair, Former CEO and Country Head at JLL, India and has worked in the Wealth Management Team at TATA Capital where he was awarded the National Award for Exemplary Performance. He is a perfect blend of Corporate Experience along with stellar education credentials of Ph.D., LL.M, LL.B, MBA and BMS.
Dr. Harshul was awarded Doctorate (Ph.D.) for his Thesis on REITs (Real Estate Investment Trusts) which is first such thesis in India on the said subject and the Thesis is also available in the form of a book. Apart from this he is an NSE Certified Market Professional - Level 4 and has done a course on ‘Strategic Real Estate Management’ from ISB, Hyderabad.
Dr. Harshul is “Co-Chairman: Statistics & Standards” at CREDAI National, which has more than 13,000 Real Estate Developers as its Members and has presence in 217 Cities (21 State Chapters). Dr. Harshul is also the National Head of the Committee on E-Learning and Masterclass at CREDAI National.
