The transactions relating to land and related matters in India are governed by various legislations enacted by the Union Government and as well as the States governments. These laws have been amended several times in view of the changing needs of the time. The statutory framework of land relating matters also throws light on the rights, responsibilities and benefits that accrue to the parties in a property transaction. The Union List under the Constitution of India contains the subject of land and provides that ‘Property of the Union and the revenue there from but as regards property situated in a state . . . subject to legislation by the State, save in so far as Parliament by law otherwise provides’ Thus the Parliament of India is empowered to make laws regarding Agricultural land belonging to the Union despite the fact that the State Legislature, also has exclusive jurisdiction over such lands under Entry 18 of List II and the State Legislature is empowered to legislate over property situate within the State, subject to legislation by Parliament. The central laws framed by the Union Government to regulate land matters include Transfer of Property Act, 1882, Registration Act, 1908, Special Relief Act, 1963, Urban Land (Ceiling and Regulation) Act (ULCRA), 1976 and Land Acquisition Act, 1894. The State laws enacted by the State Governments include laws relating to Stamp Duty, Rent Control, rules for construction and floor-area-ratio (FAR) or floor-space-index (FSI) and formation of societies and condominiums.
