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Money Laundering Risks in the Real Estate Sector: A Study of Compliance Measures and Regulatory Framework in India

Noor Tashfeen Dr. Hanish Kukreja

Subject area: Science,Engineering and Technology  ·  Area of research: Real Estate Sector

DOI: 10.64388/IREV9I10-1716330

Abstract

India's real estate sector has traditionally represented a high-risk avenue for money laundering owing to cash-intensive transactions, benami property schemes, deliberate undervaluation of properties, and the use of shell companies to obscure ownership structures. Despite two decades of legislative reforms—including the Prevention of Money Laundering Act (PMLA) 2002, the Real Estate (Regulation and Development) Act (RERA) 2016, and the Benami Transactions (Prohibition) Amendment Act 2016—structural weaknesses within the sector remain significant. This study examines the relationship between money laundering risk indicators (dependent variable) and compliance measures and regulatory enforcement intensity (independent variables) using a descriptive-analytical framework based exclusively on secondary data sourced from FATF Mutual Evaluation Reports, Enforcement Directorate annual reports, FIU-IND publications, Ministry of Finance records, and peer-reviewed academic literature spanning 2002 to 2024. Analytical techniques employed include qualitative content analysis, thematic coding, comparative analysis, trend analysis, and Pearson correlation. The findings reveal that the most critical compliance gap was the 21-year delay in designating real estate intermediaries as reporting entities under the PMLA—remedied only in May 2023. While regulatory enforcement intensity increased substantially—with PMLA asset attachments rising eleven-fold between 2014–15 and 2021–22—conviction rates remained critically low at 2.1%, severely undermining the deterrent function of the framework. Pearson correlation analysis yielded r = +0.71 for compliance measures and r = +0.68 for regulatory framework strength against risk indicators. The study concludes that India's anti-money laundering (AML) architecture is legislatively sound but operationally deficient, and recommends prioritizing prosecution capacity, cross-agency data integration, and uniform RERA implementation as immediate reform priorities.

Keywords

Money laundering; Real estate; PMLA; Compliance measures; Regulatory framework; Benami transactions; FIU-IND; FATF; India

References

[1] Arora, R., & Kumar, S. (2019). Anti-money laundering framework in India: An assessment of the Prevention of Money Laundering Act. Journal of Financial Crime, 26(3), 812–828. https://doi.org/10.1108/JFC-08-2018-0083

[2] Chatterjee, S. (2020). Land records digitisation and money laundering risks in India's real estate sector. Indian Journal of Public Administration, 66(2), 211–228. https://doi.org/10.1177/0019556120926134

[3] Enforcement Directorate, Government of India. (2016–2022). Annual reports 2015–16 to 2021–22. Ministry of Finance.

[4] Financial Action Task Force. (2010). Mutual evaluation report: India. FATF/OECD. https://www.fatf-gafi.org

[5] Financial Action Task Force. (2013; 2017; 2019). Follow-up reports: India. FATF/OECD.

[6] Financial Action Task Force. (2022). Guidance on beneficial ownership and transparency for legal persons. FATF/OECD.

[7] Financial Action Task Force. (2024). Mutual evaluation report: India. FATF/OECD. https://www.fatf-gafi.org

[8] Financial Intelligence Unit – India. (2022). Annual report 2021–22. Ministry of Finance, Government of India. https://fiuindia.gov.in

[9] Government of India. (2002). Prevention of Money Laundering Act, 2002 (Act No. 15 of 2003). Ministry of Finance.

[10] Government of India. (2016a). Real Estate (Regulation and Development) Act, 2016 (Act No. 16 of 2016). Ministry of Housing and Urban Affairs.

[11] Government of India. (2016b). Benami Transactions (Prohibition) Amendment Act, 2016 (Act No. 43 of 2016). Ministry of Finance.

[12] Government of India. (2023, May). Gazette notification designating real estate agents and developers as reporting entities under the Prevention of Money Laundering Act, 2002. Gazette of India, Ministry of Finance.

[13] Jain, P. (2017). Black money and real estate inflation in urban India: Linkages and policy implications. Economic and Political Weekly, 52(14), 45–53.

[14] Kumar, R., & Arora, N. (2019). Regulatory gaps in India's anti-money laundering framework: A sectoral analysis. Asian Journal of Law and Economics, 10(2), 1–24. https://doi.org/10.1515/ajle-2019-0008

[15] Lodha, S. (2024). Digital auction platforms and the suppression of unaccounted income in Indian real estate transactions. Journal of Property Research, 41(1), 78–99.

[16] Ministry of Housing and Urban Affairs, Government of India. (2023). RERA implementation dashboard: State-wise data as of March 2023. https://mohua.gov.in

[17] Narayan, R. (2018). Benami transactions and real estate money laundering in India: Enforcement challenges under the amended prohibitions act. National Law School of India Review, 30(1), 112–134.

[18] National Institute of Public Finance and Policy. (2014). Black money and real estate: An empirical study of major Indian cities. NIPFP Working Paper No. 143. https://www.nipfp.org.in

[19] PRS Legislative Research. (2022). Analysis of PMLA conviction data and special court backlogs. PRS India. https://prsindia.org

[20] Reserve Bank of India. (2023). Master direction on know your customer (KYC). https://www.rbi.org.in

[21] Sharma, V. (2018). Money laundering and its macroeconomic consequences in India: A focus on real estate. South Asian Journal of Macroeconomics and Public Finance, 7(1), 34–58. https://doi.org/10.1177/2277978718761947

[22] Surendran, P., & Ramasamy, K. (2015). Real estate as a vehicle for money laundering: Integration phase patterns in India. Journal of Money Laundering Control, 18(4), 421–437. https://doi.org/10.1108/JMLC-11-2014-0042

How to cite this paper

Noor Tashfeen, Dr. Hanish Kukreja "Money Laundering Risks in the Real Estate Sector: A Study of Compliance Measures and Regulatory Framework in India" Iconic Research And Engineering Journals Volume 9 Issue 10 2026 Page 1526-1535 https://doi.org/10.64388/IREV9I10-1716330
Noor Tashfeen, Dr. Hanish Kukreja "Money Laundering Risks in the Real Estate Sector: A Study of Compliance Measures and Regulatory Framework in India" Iconic Research And Engineering Journals, vol. 9, no. 10, Apr. 2026, doi: https://doi.org/10.64388/IREV9I10-1716330
Noor Tashfeen, Dr. Hanish Kukreja (2026). Money Laundering Risks in the Real Estate Sector: A Study of Compliance Measures and Regulatory Framework in India. Iconic Research And Engineering Journals, 9(10). doi: https://doi.org/10.64388/IREV9I10-1716330
Noor Tashfeen, Dr. Hanish Kukreja "Money Laundering Risks in the Real Estate Sector: A Study of Compliance Measures and Regulatory Framework in India" Iconic Research And Engineering Journals, vol. 9, no. 10, Apr. 2026. Crossref, https://doi.org/10.64388/IREV9I10-1716330
@article{1716330,
      author = {Noor Tashfeen, Dr. Hanish Kukreja},
      title = {Money Laundering Risks in the Real Estate Sector: A Study of Compliance Measures and Regulatory Framework in India},
      journal = {Iconic Research And Engineering Journals},
      year = {2026},
      volume = {9},
      number = {10},
      pages = {1526-1535},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1716330.pdf},
      abstract = {India's real estate sector has traditionally represented a high-risk avenue for money laundering owing to cash-intensive transactions, benami property schemes, deliberate undervaluation of properties, and the use of shell companies to obscure ownership structures. Despite two decades of legislative reforms—including the Prevention of Money Laundering Act (PMLA) 2002, the Real Estate (Regulation and Development) Act (RERA) 2016, and the Benami Transactions (Prohibition) Amendment Act 2016—structural weaknesses within the sector remain significant. This study examines the relationship between money laundering risk indicators (dependent variable) and compliance measures and regulatory enforcement intensity (independent variables) using a descriptive-analytical framework based exclusively on secondary data sourced from FATF Mutual Evaluation Reports, Enforcement Directorate annual reports, FIU-IND publications, Ministry of Finance records, and peer-reviewed academic literature spanning 2002 to 2024. Analytical techniques employed include qualitative content analysis, thematic coding, comparative analysis, trend analysis, and Pearson correlation. The findings reveal that the most critical compliance gap was the 21-year delay in designating real estate intermediaries as reporting entities under the PMLA—remedied only in May 2023. While regulatory enforcement intensity increased substantially—with PMLA asset attachments rising eleven-fold between 2014–15 and 2021–22—conviction rates remained critically low at 2.1%, severely undermining the deterrent function of the framework. Pearson correlation analysis yielded r = +0.71 for compliance measures and r = +0.68 for regulatory framework strength against risk indicators. The study concludes that India's anti-money laundering (AML) architecture is legislatively sound but operationally deficient, and recommends prioritizing prosecution capacity, cross-agency data integration, and uniform RERA implementation as immediate reform priorities.},
      keywords = {Money laundering; Real estate; PMLA; Compliance measures; Regulatory framework; Benami transactions; FIU-IND; FATF; India},
      month = {April},
      doi = {https://doi.org/10.64388/IREV9I10-1716330}
  }