MISCELLANEOUSCentral
Section 89 of The Real Estate (Regulation and Development) Act, 2016. in hindi
The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Summary
- This law takes priority if there is a conflict with any other law.
- If an older law has a rule that contradicts this Act, the rule in this Act is the one that must be followed.
- This is known as having an overriding effect.
- It ensures that the specific protections for buyers in this Act cannot be bypassed by using different laws.
Practical examples
1An old state law says a builder only needs to give a one year warranty on a flat. The Real Estate Act says they must give five years. Because of Section 89, the five year rule in the Real Estate Act wins.
2A contract signed under an older law tries to prevent a buyer from going to a tribunal. Since the Real Estate Act grants that right, Section 89 ensures the Act's provisions take effect regardless of what the other law or contract says.
FAQ
1. What happens if another law contradicts The Real Estate (Regulation and Development) Act, 2016?
Under Section 89 of The Real Estate (Regulation and Development) Act, 2016, this Act has an overriding effect and will prevail over inconsistent laws.
2. Does the Real Estate Act have priority over state laws?
Yes, Section 89 of The Real Estate (Regulation and Development) Act, 2016 states its provisions apply notwithstanding anything inconsistent in any other law.
Test yourself
Q1.According to Section 89 of The Real Estate (Regulation and Development) Act, 2016, what happens if this Act is inconsistent with another law?
Q2.How do Section 88 and Section 89 of The Real Estate (Regulation and Development) Act, 2016 work together?