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.
My builder in Jabalpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Indore has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Bhopal has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Purnia has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Darbhanga has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Muzaffarpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Bhagalpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Gaya has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Patna has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Firozabad has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Gorakhpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Saharanpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Moradabad has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Aligarh has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Bareilly has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Allahabad has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Faridabad has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Noida has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Ghaziabad has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Meerut has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Varanasi has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Kanpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Lucknow has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Alwar has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Bikaner has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Ajmer has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Udaipur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
My builder in Jodhpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?
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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.