Property Law Questions
Browse property law questions asked by people across India.
Questions in Property Law are answered with reference to the Transfer of Property Act, 1882, the Registration Act, 1908 and the Real Estate (Regulation and Development) Act, 2016. Each answer states the section that applies, the forum that hears the matter and the limitation period, so the position can be checked against the official text at India Code before you act on it.
The forum depends on the facts rather than the label: a dispute described as a family matter may be heard by a family court, a magistrate or a civil judge depending on whether the relief sought is maintenance, custody, injunction or declaration. Where the law has been renumbered by the 2023 criminal law reforms, answers note both the old and the new section numbers.
There are trees standing on the boundary of my land. Some of the branches of these trees are extending into my neighbour’s land. My neighbour is asking me to cut the branches, but I do not want to cut or damage the trees. What are my legal rights in this situation? Can my neighbour legally force me to cut the branches, or can I refuse? What should I do
What documents are needed for a lease deed with online filing?
What is the limitation period for encroachment after the BNS?
What defenses are available against inheritance property as per Indian law?
What are the legal consequences of encroachment before the magistrate?
How do I file a property dispute for senior citizens?
Who can file for trespass without going to court?
Who can file a sale deed without a lawyer in India?
Who can file a sale deed without a lawyer in India?
Who can file a rental agreement as per the Supreme Court judgment?
Who can file property tax without going to court?
Who can file a property dispute under Indian law?
Who can file a property dispute in the High Court?
Who can file a property dispute in a criminal case?
Who can file a property dispute as per the Supreme Court judgment?
Who can file for joint ownership as per the Supreme Court judgment?
Who can file for encroachment in a criminal case?
What should I do if there is a sale deed without going to court?
What should I do if a sale deed is in the High Court?
What should I do if I have a rental agreement without going to court?
What should I do if property tax for women is not being properly assessed?
What should I do if my property tax has increased after the recent amendment?
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Frequently Asked Questions about Property Law
What is property law in India?
Property law in India governs ownership, transfer, and disputes related to immovable property. Key laws include the Transfer of Property Act 1882, Registration Act 1908, and state-specific rent control acts.
How to register a property in India?
Property registration requires: (1) Drafting a sale deed, (2) Paying stamp duty (varies by state, 5-8% of property value), (3) Registering at the Sub-Registrar office within 4 months of sale deed execution, (4) Getting the property mutated in revenue records.
What is the limitation period for property disputes in India?
The limitation period for filing a property suit is generally 12 years for recovery of possession under the Limitation Act, 1963. For declaratory decrees, it is 3 years. Adverse possession requires 12 years of continuous, uninterrupted possession.
Can a landlord evict a tenant without notice in India?
No. A landlord must give reasonable notice (typically 15-30 days) before eviction. Grounds for eviction under rent control acts include non-payment of rent, sub-letting without permission, or personal use of the property by the landlord.
What is encroachment in property law?
Encroachment is when someone illegally occupies or extends their structure onto another person property. The affected party can file a suit for possession under Order 7 of the Civil Procedure Code and claim damages.