Partner, Varun Vaish along with Senior Associate, Kashish Khattar and Associate, Sadev Pradhan have recently authored an article titled, ‘From Title to Terms: The New Test for Landowner Liability in Real Estate Joint Development/Collaboration Agreements’.
As regulatory scrutiny under RERA and the Consumer Protection Act continues to evolve, the traditional assumption that a landowner is merely a passive contributor of land in a real estate development project is increasingly being challenged. A recent Supreme Court ruling has reinforced that liability in Joint Development Agreements (“JDAs”) will now depend less on labels and more on the actual degree of control, participation, and economic involvement exercised by the landowner in the project.
This article examines the emerging “control test”, its implications for landowners and developers, and why careful drafting of JDAs has become critical in allocating risk, responsibility, and statutory liability in modern real estate transactions.
whilst wrongfully claiming to be part of our Firm and making false claims and allegations. These individuals are also impersonating the Firm by creating fake email addresses and Facebook page while using the LUTHRA marks.