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 father registered a sale agreement to sell our land but died before the sale deed was executed, can the buyer enforce it?
My husband transferred our flat to his name alone by forging my signature, what legal action can I take?
My mother wants to give her flat to me only and exclude my brother, can she do this by will?
I sold my agricultural land but did not register the sale deed, is the sale valid?
I am an only daughter, my father's self-acquired house was willed to my brother, what rights do I have?
My neighbour is using my private road for 20 years, can I block it now or does he have an easement right?
My brother and I jointly inherited our father's house, I want partition but he is refusing, what is the remedy?
I signed an 11 month lease agreement for my flat, the tenant is not vacating after expiry, what can I do?
The property mutation in my name is pending for 8 months after my father's death, what should I do?
I want to gift my flat to my daughter, should I make a gift deed or a release deed, and which is cheaper?
My uncle's son is illegally occupying my father's land for 12 years, can he claim adverse possession?
I bought a property through a General Power of Attorney from a seller, do I get legal ownership?
My father made a will giving all property to my elder brother, can I challenge the will in court?
My grandfather bought property in 1960, my father died, now my uncles say I have no share as a grandson, is this correct?
My father died intestate leaving a house, I have one brother and two sisters, how will the property be divided among us?
I gave a power of attorney to sell my land and the agent sold it to himself. Is this valid?
My father made a registered will but my siblings are refusing to give me my share. What legal step can I take?
The tenant has not paid rent for 8 months. How can I evict him legally?
I want to transfer my house to my son through a will. Is registration of the will compulsory?
My landlord is refusing to refund the security deposit after I vacated the flat. What is my remedy?
Can I sell my portion of joint family property without the consent of other coparceners?
The person who sold me land did not have clear title and now a third party is claiming it. What should I do?
I jointly own agricultural land with my brother and want to separate my share. How do I file for partition?
My grandfather made a will giving all property to my uncle and excluding my father. Can we challenge it?
Can a gift of immovable property be made without registration in India?
I am a tenant paying rent regularly but the landlord is trying to evict me without any reason. Is this legal?
My neighbour has extended his boundary wall onto my land. What should I do?
I purchased a flat but the builder has not registered the sale deed in my name. What legal action can I take?
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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.