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Also Read: Registered Sale Deed Alone Doesn’t Guarantee Ownership — Supreme Court Rules

Who is a Karta in HUF?

The Karta is the head and manager of a Hindu Undivided Family (HUF). Traditionally, this role is assumed by the eldest male member of the family. However, recent legal developments have clarified that even women can become Kartas if they are the senior-most coparceners in the family.

Role of the Karta

1. Manages the family’s financial affairs and property.

2. Represents the HUF in legal proceedings.

3. Takes decisions related to investments, expenses, and alienation of property.

While the Karta enjoys broad authority, this power is not absolute. The Karta is expected to act in good faith and in the best interests of the entire family.

Also Read: Supreme Court Rules: Unregistered Sale Agreement Invalidates Title, No Shield Against Dispossession

What Are the Powers of a Karta?

The Karta’s powers are derived from Hindu Mitakshara law, but they are subject to certain restrictions:

1. Management of HUF Property

The Karta manages the day-to-day affairs, collects rent, pays taxes, and ensures maintenance of HUF assets.

2. Alienation of Property

The Karta has the right to sell or mortgage HUF property without consent of other family members, but only under specific circumstances such as:

1. Legal necessity.

2. Benefit of the estate.

3. Partition of Property

While the Karta can initiate partition, consent of other coparceners is generally required.

Limitations

If the Karta acts for personal benefit or without a legitimate reason, their actions can be challenged in court.

Also Read: Understanding the Legal Process: Property Transfer from Mother to Son After Death in India

Can a Karta Sell HUF Property Without Consent?

The Core Question

A Karta can sell or mortgage HUF property without consent, provided:

1. There is legal necessity, or

2. The transaction benefits the estate.

This principle is established in multiple Supreme Court judgments, which presume that the Karta acts in good faith unless proven otherwise.

Also Read: Understanding the Importance of a Property Title Search Report Before Buying Real Estate

Legal Necessity: Meaning and Examples

Legal necessity refers to situations where the Karta is compelled to sell HUF property to meet urgent family needs.

Key Examples:

1. Repayment of family debts.

2. Medical expenses for a family member.

3. Educational costs for children.

4. Expenses for marriage or funeral ceremonies.

5. Preventing property from being auctioned due to unpaid taxes.

Important Note:
The Karta must prove that no other alternative existed except selling the property.

Also Read: Property Title Verification In India: The Process, Methods and Other Aspects

Benefit of the Estate: What Does It Mean?

“Benefit of the estate” is a broader concept. It includes decisions that may not be urgent but are in the long-term interest of the HUF.

Examples:

1. Selling unproductive property to buy income-generating assets.

2. Preventing losses due to property disputes.

3. Raising funds for a family business that benefits the HUF.

In such cases, the Karta’s action does not require prior consent but must clearly demonstrate advantage to the family estate.

Also Read: Unlocking The Secrets Of A Sale Deed Basic Concepts

Rights of Coparceners to Object

While the Karta enjoys substantial powers, coparceners (family members who share ownership) have rights too.

When Can They Challenge?

Coparceners can challenge a Karta’s action if:

1. The sale was not for legal necessity or benefit of the estate.

2. The Karta misused funds for personal gain.

3. The property was sold at an undervalue price.

If successful, the court may:

1. Declare the sale invalid.

2. Restore the property to the HUF.

3. Award compensation for damages.

Also Read: What Are The New Rules For Property Registration In India

Important Supreme Court Judgments

Phoenix ARC (P) Ltd. v. Vishwa Bharati Vidya Mandir (2022)

The Supreme Court upheld the Karta’s right to mortgage property without family consent, provided it was done for legal necessity.

Sri Narayan Bal v. Sridhar Sutar (1996)

The Court ruled that even if minor coparceners exist, the Karta can sell property for family necessity.

Thimmaiah v. Ningamma (2000)

Clarified that the burden of proof lies on coparceners challenging the Karta’s action.

These judgments reiterate the principle that the Karta’s actions are presumed valid unless proven otherwise.

Mortgage of HUF Property by the Karta

Apart from selling, the Karta may also mortgage HUF property to raise funds.

Allowed When:

1. Funds are used to meet urgent family needs.

2. Mortgage benefits the family business.

Not Allowed When:

1. Funds are used for personal luxury.

2. Mortgage is taken recklessly, risking family assets.

Also Read: What Is Title Deed A Complete Guide To Navigate It In India

Key Considerations for HUF Members

For Kartas:

1. Ensure proper documentation of necessity.

2. Maintain transparency with family members.

For Coparceners:

1. Stay informed about HUF transactions.

2. Challenge questionable actions promptly in court.

Also Read: Everything You Need To Know About Property Transfer Process

Conclusion

The Karta plays a pivotal role in managing HUF property. While they have the authority to sell or mortgage property without the consent of other members, such power is not absolute. The sale must be:

1. For legal necessity, or

2. For the benefit of the estate.

Coparceners hold the right to challenge the Karta’s decisions if these conditions are not met. This balance of power ensures that the HUF system remains fair and beneficial for all family members.

In a complex legal landscape, it is always advisable to seek legal consultation before taking or contesting such decisions.

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What is RERA and Why Was It Enacted?

The Real Estate (Regulation and Development) Act, 2016, was enacted to bring order to a largely unregulated sector. Its key goals include:

1. Protecting homebuyers from fraud and delays.

2. Making developers accountable through mandatory project disclosures.

3. Ensuring timely project delivery.

4. Introducing a dispute resolution mechanism via Appellate Tribunals.

The Act mandates that all real estate projects of a certain size (500 sq. meters or more, or more than 8 apartments) must be registered with a state-specific Real Estate Regulatory Authority (RERA).

People Also Read: RERA Registration Process

The Legal Foundation of RERA: Central Legislation Explained

RERA is a central law passed by the Indian Parliament in 2016. As per Section 1(3) of the Act, the Central Government has the power to notify the date on which the Act will come into force in different states and Union Territories (UTs).

• Partial enforcement: 1 May 2016

• Full enforcement: 1 May 2017

It was designed to be implemented across India, but real estate being a subject under the Concurrent List, States have the autonomy to create rules for its implementation.

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Does RERA Apply Across All Indian States and UTs?

Legally, yes. RERA is applicable across the entire country.

However, in practice, RERA’s enforcement depends on each State or Union Territory notifying its rules under Section 84 of the Act. Each State is also required to:

1. Set up a Regulatory Authority.

2. Establish a Real Estate Appellate Tribunal (REAT).

3. Create an online portal for project registration and public access to project details.

So while the law applies to all States and UTs in theory, its effectiveness varies by region depending on how well these implementation steps have been followed.

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The Role of States in RERA Implementation

Although RERA is a Central law, its successful execution depends on the State Governments taking certain crucial steps:

This structure makes RERA both centralized and decentralized—a national law enforced through state-level mechanisms.

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RERA Implementation Status Across India

Here’s a snapshot of the implementation status as of 2025:

Key Insight:

Most States and UTs have fully operational RERA systems, while a few North-Eastern States and smaller UTs lag in implementation.

West Bengal and the WBHIRA Controversy

West Bengal presented a special case. Instead of implementing RERA, the State passed its own law in 2017 called the West Bengal Housing Industry Regulation Act (WBHIRA).

Why the Controversy?

1. WBHIRA replicated many RERA provisions but was viewed as a parallel and conflicting law.

2. In May 2021, the Supreme Court of India declared WBHIRA unconstitutional, stating that State laws cannot override Central legislation.

3. Post this ruling, West Bengal adopted RERA, notified the rules, and established the State RERA authority.

This ruling reaffirmed that RERA is supreme and binding across all States and UTs.

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Are There Projects Exempted From RERA?

Not all real estate projects fall under the purview of RERA. The following are exempted:

1. Projects with land area less than 500 sq. meters or fewer than 8 apartments.

2. Projects completed before RERA notification in the State.

3. Projects involving renovation or redevelopment without new allotments.

4. Sale of plots where construction is not planned.

5. Projects under certain government or public agencies.

These exemptions can vary slightly depending on State rules.

People Also Read: All You Need to Know About RERA Maharashtra and the MahaRERA Act

What Happens in States Without Notified RERA Rules?

In rare cases where States or UTs have not notified RERA rules, here’s what happens:

1. Developers cannot register their projects under RERA.

2. Homebuyers lose access to RERA’s grievance redressal mechanism.

3. Buyers may resort to Consumer Forums or civil courts.

4. For UTs without legislatures (e.g., Lakshadweep), the Central Government's RERA rules apply directly.

As of 2025, this situation applies only to a handful of regions.

Benefits of RERA for Homebuyers and Developers

For Homebuyers:

1. Mandatory registration of projects ensures transparency.

2. Access to project details online (plans, approvals, possession date).

3. Timely possession or compensation in case of delay.

4. Dedicated platform for complaint filing and dispute resolution.

For Developers:

1. Credibility boost for RERA-registered builders.

2. Standardized contracts and legal clarity.

3. Increased buyer confidence and smoother project funding.

Key Challenges in Uniform RERA Implementation

Despite national coverage, some challenges remain:

• Lack of awareness among buyers, especially in rural areas.

• Inconsistent enforcement across States.

• Delays in setting up tribunals in some States.

• Conflicts with legacy laws or State-specific real estate norms.

To overcome these issues, awareness drives and stricter Central monitoring are needed.

Latest Developments and Compliance Updates (2025)

• Maharashtra RERA (MahaRERA) now requires developers to submit quarterly progress reports with drone footage.

• The Central Advisory Council on RERA held its latest meeting in March 2025 to review compliance gaps.

• Nagaland and Arunachal Pradesh are under pressure from the Centre to implement RERA by the end of 2025.

• A proposal is under consideration to integrate RERA data with National GIS mapping for greater transparency.

Conclusion: RERA as a National Framework with Local Impact

To sum it up:

RERA is a Central law and legally applicable all over India.
However, its implementation depends on individual State actions.
Most States and UTs have implemented RERA with working authorities and portals.
A few regions, like Nagaland and Arunachal Pradesh, are still pending.
Homebuyers must check if their project is RERA-registered before investing.
Developers must comply with State-specific RERA rules for registration, updates, and disclosures.

RERA has brought much-needed discipline, accountability, and structure to the Indian real estate sector. It empowers buyers, regularizes builders, and provides a solid dispute resolution platform—all signs of a maturing real estate ecosystem.

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What is a RERA Certificate?

A RERA certificate is an official document issued by the State Real Estate Regulatory Authority (RERA) to real estate developers or agents. It confirms that a project or real estate professional has registered under the RERA Act, 2016, and complies with all the required norms and legal procedures.

In simple terms, it means the project is genuine, legally approved, and safe for investment.

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Who Needs a RERA Certificate?

1. Real Estate Developers/Promoters

Any developer launching a residential or commercial project over:

1. 500 sq. meters, or

2. 8 or more apartments

   must register with the respective state’s RERA and obtain a certificate before selling or advertising.

2. Real Estate Agents

Any agent wishing to facilitate sales for RERA-registered projects must also register themselves and obtain a separate RERA certificate.

3. Homebuyers

While buyers don't need to obtain the certificate themselves, they must verify the RERA status of any project before investing.

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Why is a RERA Certificate Important?

1. Transparency

RERA mandates developers to upload complete project details on the state RERA portal, including layout plans, carpet area, timelines, legal approvals, and financials.

2. Legal Compliance

A RERA certificate ensures that the project complies with:

1. Municipal building codes

2. Zoning laws

3. Environmental clearances

4. Fire safety approvals

3. Protection of Buyers’ Interests

The Act enforces strict adherence to promised timelines, construction quality, and project deliverables. It prohibits misuse of buyer funds.

4. Effective Dispute Resolution

Buyers can file complaints with the RERA authority or RERA Appellate Tribunal for quick redressal.

5. Credibility for Developers and Agents

A RERA-certified developer is perceived as more trustworthy, thus attracting more genuine buyers and investors.

People Also Read: Understanding RERA and How to File a Complaint under RERA

Key Features of a RERA Certificate

How to Get a RERA Certificate (Step-by-Step Guide for Developers & Agents)

Step 1: Visit the State RERA Portal

Each state has its own RERA portal. For example:

1. Maharashtra: maharera.mahaonline.gov.in

2. Delhi: rera.delhi.gov.in

3. Karnataka: rera.karnataka.gov.in

Step 2: Register as Promoter or Agent

Choose your role—Promoter (Developer) or Real Estate Agent. Fill in:

1. Name, contact, email

2. PAN/Aadhaar

3. Company details (if applicable)

Step 3: Fill Out the Application Form

You’ll need to provide detailed information like:

1. Project name and location

2. Land ownership documents

3. Layout and design plan

4. Completion timeline

5. Regulatory approvals

6. Past project history (if applicable)

Step 4: Upload Required Documents

For Developers:

1. Title deed

2. Approved layout/building plan

3. Land use permission (CLU)

4. NOCs (fire, environment, airport, etc.)

5. PAN & Aadhaar

6. Developer’s photographs

For Agents:

1. Business registration documents

2. Income tax returns

3. Photographs and identity proofs

4. Office address proof

Step 5: Pay the Registration Fee

Fees vary based on:

1. Land area

2. Type of project (residential/commercial)

3. Location (urban/rural)

Payments are made online, and a receipt is generated.

Step 6: Submit the Application

Once everything is complete, submit your application. You’ll receive an acknowledgment number for future tracking.

Step 7: Scrutiny and Clarification

The RERA Authority examines:

1. Document accuracy

2. Legal approvals

3. Financial stability of promoter

They may ask for clarifications or additional submissions.

Step 8: Certificate Issuance

Once approved, your RERA Certificate will be issued and can be downloaded from the portal.

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How to Check if a Project Has a Valid RERA Certificate

Step-by-Step Verification:

1. Visit the official RERA portal for the respective state.

2. Navigate to “Search Registered Projects/Agents.”

3. Enter:

   1. Project name

   2. Developer/Promoter name

   3. Registration number

4. Click “Submit”

5. Review details:

   1. Validity of RERA certificate

   2. Construction status

   3. Complaints filed (if any)

   4. Project milestones

Always verify before signing any agreement or making payments.

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Consequences of Non-Compliance with RERA Registration

For Developers:

1. Fine up to 10% of estimated project cost

2. Imprisonment up to 3 years

3. Revocation of registration

For Agents:

1. Fine of ₹10,000/day for every day of non-compliance

2. Permanent blacklisting or suspension

For Buyers:

• If the project is not RERA-registered:

  1. You cannot file complaints under the RERA Tribunal.

  2. You risk losing your investment.

People Also Read: Facing Delays in Property Possession? Know Your Legal Options

Benefits of RERA Certificate for Homebuyers

Benefits of RERA Certificate for Developers and Agents

Common Mistakes to Avoid While Applying for RERA Certificate

1. Submitting incomplete documents

2. Ignoring state-specific RERA rules

3. Mentioning incorrect land ownership details

4. Missing important NOCs

5. Not disclosing past project failures

Tip: Always consult a real estate legal expert or use professional services to complete your application properly.

RERA Certificate Validity and Renewal

1. A RERA certificate is valid till the completion date mentioned in the application.

2. For delays, developers must apply for an extension.

3. Failure to renew may lead to automatic project cancellation.

State-Wise Differences in RERA Rules

While the core law is central, implementation is state-specific. Some key differences include:

Key Legal Provisions Related to RERA Certificate

Conclusion

A RERA certificate is your first shield against real estate fraud. It transforms uncertainty into confidence—whether you're building, selling, or buying property.

For developers and agents, it’s more than just a legal formality—it’s a statement of professionalism and transparency.

For buyers, it’s your only guarantee that the project is genuine, monitored, and protected by law.

• Before you invest, verify.
• Before you sign, check RERA.
• Before you trust, demand the certificate.

The bill is currently in the public consultation stage, with feedback being invited by the Department of Land Resources, Ministry of Rural Development. Citizens and stakeholders have until June 25, 2025, to share suggestions via email at sanand.b@gov.in using the prescribed format available on the official DOLR website.

What is the Registration Bill 2025?

The Registration Bill 2025 is a proposed legislation that introduces an online-first approach to property registration. It seeks to eliminate long queues at sub-registrar offices, prevent fraud, reduce litigation, and promote a digitally accessible and citizen-centric process.

Key Objective

The primary goal of this bill is to digitally empower property owners and buyers by offering a seamless, paperless property registration mechanism. This is in line with the government’s vision of Digital India and Ease of Doing Business reforms.

Key Features of the Draft Registration Bill 2025

Complete Online Registration Process

The bill allows the entire registration cycle—from document submission to the issuance of registration certificates—to be completed online.

Key Components:

1. Electronic submission and admission of documents

2. Aadhaar-based or alternate identity verification

3. Online payment of registration fees and stamp duty

4. Digital issuance of registration certificates

This means buyers and sellers no longer need to physically visit the sub-registrar’s office unless verification is required in exceptional circumstances.

Expansion of Compulsorily Registerable Documents

The bill significantly expands the scope of documents that must be registered to promote legal transparency and accountability.

Newly Included Documents:

• Agreements to Sell

• Powers of Attorney

• Sale Certificates issued by recognized authorities

• Equitable Mortgage Deeds

• Legal Instruments based on judicial orders

These inclusions aim to prevent future disputes, aid in due diligence, and reinforce the legal validity of real estate transactions.

Aadhaar-Based and Alternative Authentication

The draft promotes Aadhaar-enabled authentication but ensures inclusivity by allowing other methods of identity verification.

Authentication Options:

1. Aadhaar authentication (voluntary and consent-based)

2. Offline Aadhaar verification

3. Passport or Voter ID for those not opting for Aadhaar

This dual approach ensures that individuals without Aadhaar are not excluded, thus complying with Supreme Court rulings on Aadhaar privacy and consent.

Biometric and Paperless Verification

The Registration Bill proposes secure digital processing of property documents using:

• Biometric thumb impressions

• Electronic signatures

• Passport-size photographs

• PAN (Permanent Account Number) submission

These steps aim to enhance the evidentiary value of documents and prevent forgery or impersonation during registration.

Hybrid Approach: Physical Appearance When Required

Though digital-first, the bill retains a hybrid model. Authorities can mandate in-person verification in certain cases, such as:

1. Suspected fraud

2. Public interest matters

3. Incomplete or suspicious online data

This safeguards the integrity of transactions while allowing digital convenience for most users.

Modernized Administrative Hierarchy

The draft bill outlines a revamped registration structure, giving states flexibility to create roles based on local requirements.

Proposed Roles:

• Inspectors General of Registration

• Additional and Assistant IGs

• Digital Registrars

• Technical Officers for database management

This professionalized structure will allow better supervision, faster redressal of grievances, and seamless data management.

Integration with Government Databases

The bill mandates inter-departmental integration, enabling real-time cross-checks with:

1. Land records (Bhoomi, Bhulekh, etc.)

2. Income tax (via PAN)

3. UIDAI (for Aadhaar authentication)

4. Municipal corporations (property tax data)

This interoperability will enhance the credibility of property transactions and prevent double registrations or encroachments.

E-Registry and Real-Time Record Maintenance

The new law emphasizes digital record-keeping, with a centralized E-Registry to store, track, and retrieve documents easily.

Features:

1. Cloud-based data storage

2. Real-time update of ownership

3. QR-coded registration certificates

4. Access to buyers, sellers, and government departments

This transparency will be especially useful in land title verification during legal proceedings or home loan applications.

Dispute Resolution & Appeals

The bill introduces a formal appeal process in case:

1. Registration is denied

2. Inaccurate data is recorded

3. Fraudulent documents are detected

Citizens can escalate their grievances to appellate officers and Registration Tribunals for quick resolution, enhancing trust in the process.

Benefits of the Registration Bill 2025

Transparency and Reduced Litigation

• By making registration mandatory for more documents, the bill reduces the chances of property fraud, encroachments, and forged deeds.

Time and Cost Efficiency

1. No queues at registrar offices.

2. Lower operational costs for the government and citizens.

3. Reduced legal and administrative delays.

Ease of Access

1. Citizens in rural and remote areas can now register property without traveling long distances.

2. Senior citizens, NRIs, and women benefit from remote access and reduced dependency on brokers.

Boost to Real Estate Sector

• Improved trust in clean title deeds attracts more buyers and foreign investment, especially in urban and tier-2 cities.

Challenges That May Arise

Digital Divide

• Limited internet access in rural India could slow down adoption.

Data Privacy Concerns

• With Aadhaar and PAN integration, data protection protocols must be robust.

Training and Transition

• State registration offices will need capacity building and staff training to ensure smooth digital rollout.

Why Replacing the 1908 Act is Necessary

The current Registration Act, 1908 is over a century old. It doesn't account for:

1. Digital technology

2. Real-time databases

3. Biometric verification

4. E-governance principles

The proposed bill makes registration future-ready, aligning India’s property registration with global digital governance standards.

Government's Call for Public Feedback

Citizens, legal professionals, and property owners can participate in shaping this law by submitting feedback by June 25, 2025.

Submission Instructions:

1. Format: MS Word or Machine-readable PDF

2. Email: sanand.b@gov.in

3. Form: Download from dolr.gov.in

Public input will be instrumental in refining the bill before it's passed in Parliament.

How This Impacts You

Comparing the Old Act and the New Bill

Conclusion: A Landmark Move Toward Digital Governance

The Registration Bill 2025 is more than just a legislative reform—it’s a technological leap toward digitized land governance. It simplifies the property registration process, ensures inclusivity, and significantly reduces fraudulent activities. By streamlining operations and integrating with national databases, the bill lays the foundation for a transparent, accountable, and citizen-friendly real estate ecosystem.

As India moves forward in the digital era, laws like these pave the way for efficient governance and public trust. It is now up to stakeholders—citizens, developers, and legal experts—to make their voices heard and contribute to finalizing this historic reform.

• Maharashtra: igrmaharashtra.gov.in

• Delhi: revenue.delhi.gov.in

• Tamil Nadu: tnreginet.gov.in

Step 2: Analyze Comparable Sales

Use portals like:

1. Magicbricks

2. 99acres

3. RERA databases

to compare similar plots recently sold nearby.

Step 3: Consult a Registered Valuer

Chartered Engineers, CAs, and approved government valuers can issue certified valuation reports.

Step 4: Legal Verification

Ensure the following documents are verified before relying on valuation.

1. Title deeds

2. Encumbrance certificate

3. Mutation records

4. Zoning certificate

Tips to Maximize Your Land’s Value

• Get land use conversion approvals (CLU)

• Emphasize proximity to roads, metro, schools

• Highlight legal clarity and documentation

• Showcase potential for development (FAR)

• Invest in fencing and leveling (presentation matters)

• Align residential plots with Vastu principles

Common Myths Around Land Valuation

Conclusion

Land is one of the most important and appreciating assets in India. Whether you're a first-time buyer, an investor, or someone inheriting land, understanding how land is valued helps you avoid costly mistakes. From location and zoning to legal records and government policies — every factor plays a part.

By using verified data, consulting valuation professionals, and aligning with legal guidelines, you can ensure that your land transactions are not only profitable but also future-proof. Remember, land value isn’t just about what it’s worth today — it’s about the opportunity it holds for tomorrow.