National Journal of Real Estate Law

Critical Analysis of Real Estate Fractional Ownership in India

Piyush Tiwari — 2025-05-15

This study critically examines fractional ownership in India’s real estate market, an innovative model enabling multiple investors to jointly own high-value properties. As urbanization accelerates and property prices rise, fractional ownership offers an accessible investment alternative, addressing financial barriers while providing opportunities for portfolio diversification. The research employs a multi-method approach, integrating secondary studies, case analyses, surveys, and expert insights to explore its benefits, challenges, and comparison with other real estate investment options. Findings reveal moderate awareness among Indian investors, with younger generations increasingly drawn to fractional ownership for its affordability and accessibility. Key advantages include shared financial responsibility, diversification, and access to premium properties. However, challenges persist,
including regulatory complexities, liquidity constraints, and potential disputes among co-owners. SEBI’s evolving guidelines, aimed at increasing transparency and investor protection, are reshaping the fractional ownership landscape, pushing platforms to align with REIT-like structures. The study also contrasts fractional ownership with Real Estate Investment Trusts (REITs) and other alternatives, highlighting differences in liquidity, ease of capital investment, and operational structures. Global practices, particularly in the USA, Europe, and Japan, provide insights into potential pathways for India to enhance its regulatory framework and market efficiency. By addressing gaps in the literature particularly around regulatory challenges under RERA and the lack of comprehensive global comparisons this study offers actionable insights for investors, developers, and policymakers. Fractional ownership has the potential to democratize real estate investment in India, but its sustainable growth requires addressing regulatory hurdles, improving liquidity, and enhancing investor education.

How Arbitration Helps Settle Disagreements Over Real Estate Contracts

V. Basil Hans — 2025-09-23

The real estate industry often has problems with contracts because of complicated deals, unclear clauses, and changing market conditions. Traditional litigation is successful, but it can also be timeconsuming, expensive, and combative, which can make it harder to reach a quick conclusion and hurt long-term business relationships. This study investigates the increasing significance of arbitration as an alternative dispute resolution (ADR) method in real estate contract conflicts. It examines the legal framework regulating arbitration in property transactions, assesses its procedural benefits and drawbacks relative to court litigation, and scrutinises the draughting and enforcement of arbitration clauses in real estate contracts. The paper illustrates how arbitration fosters confidentiality, expediency, and finality in conflict resolution through a comparative review of case law, statutory provisions, and empirical data. It also looks at how enforceable arbitral awards are and how institutional arbitration is different from ad hoc arbitration. The report ends by listing the best ways to include arbitration clauses in real estate contracts and giving suggestions for how to make arbitration work better in this field. The goal of this research is to give lawyers, investors, developers, and legislators a realistic understanding of how arbitration might be a useful way to settle disagreements over real estate deals.

Suspect to Customer Journey of a Real Estate Buyer in India-An Effective Lead Management Process that Driving the New Generation Sales and Marketing: A Case Study of an Indian Real Estate Developer

Ratan Kumar Patra — 2025-05-15

This study investigates how an effective lead management process improves sales and marketing performance in the Indian real estate sector. Using a qualitative case study approach, the research combines theoretical models with real-world practices to map the buyer’s transition from a suspect to a confirmed customer. Interviews with former managers and a review of the company's internal marketing system provided the primary data. The study evaluates the Unitech Marketing Web Interface, a web-based SAP CRM platform, and its role in managing real estate leads. Results show that a structured and technology-driven lead management system increases operational efficiency, supports real-time decision-making, and improves the ability to engage with potential customers at every stage of the sales funnel. The research highlights the importance of not only managing initial inquiries but
also focusing on lead nurturing and maintaining strong customer relationships after the sale. The findings suggest that real estate companies can achieve stronger sales outcomes by adopting standardized lead management practices, investing in CRM technologies, improving customer engagement strategies, and building systematic after-sales service processes. The study also
recommends expanding research across different companies to develop a broader understanding of effective lead management in real estate.

Real Estate, Law and Sustainability: Building a Greener Future

Bhupinder Singh — 2025-09-23

The combination of real estate, law and sustainability is changing the way the world looks to solve problems like climate change, resource shortages, and social justice. This article talks about how rules affect resilient real estate, which is the building of homes and communities that are good for the environment, open to everyone, and cost-effective. There are rules, codes, and incentives in place to encourage housing that is fair for everyone, low-waste, and energy-efficient. Property management practices that focus on saving water and getting tenants involved also help the environment. But things like red tape and the high cost of green technologies can slow that growth down, especially when it comes to building affordable homes. Building Information Modeling and smart buildings are two examples of new technologies that can help by making it easier to use resources more efficiently.
Because people's needs are different in different parts of the world, the rules are different there. But things like the UN's Sustainable Development Goals can help people work together. We need to find a balance between environmental goals, affordability, and resilience in order to make real estate better for everyone. This will make neighborhoods that are good for everyone. The real estate industry can help make the world a better place by making sure that laws and regulations are in line with
environmentally friendly practices. This will take care of social and environmental problems, as well as economic needs.

The Doctrine of Eminent Domain: A Critical Study of Public Purpose and Right to Private Property in the Context of Bangladesh

Md. Rahmat Sarker — 2025-07-31

Eminent domain is the power of the state to acquire private property for the public use with just compensation paid to the owner following due process of law. This Article will analyze, in a critical manner, the rationale behind the power of eminent domain, its historical development, and its current relevance in order to maintain the balance between private property rights and the authority of the state. It emphasizes in curtailing the concept of private property rights and also deals with the expansion of public purpose. In last century, this development has brought ethical conflicts and legal battles. The research further examines the role of judicial supervision, the clash of constitutional rights and development necessities and the procedural protections made available to property owners. Another equitable model aligned with the principle of eminent domain is the recognition of the state's inherent right to expropriate private property for public interest and development objectives, as supported by international laws and practices. This paper critically examines the principle of eminent domain embedded in the constitution and other legal frameworks in Bangladesh, highlighting its inconsistencies, loopholes, and impacts on private property rights. It explores the balance (or imbalance) between development imperatives and property justice, drawing upon judicial decisions, international standards, and comparative practices.