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.
How can I challenge a will that I believe is invalid according to the Indian Succession Act, 1925, particularly under Section 63?
How does the Registration Act, 1908, affect the enforceability of unregistered agreements related to property transactions in India?
What are the key differences between joint tenancy and tenancy in common as per Section 19 of the Transfer of Property Act, 1882?
How can a person challenge a Will executed under the Indian Succession Act, 1925, and what is the time limit for filing such a challenge?
What are the legal requirements for a valid sale deed under the Transfer of Property Act, 1882, specifically in relation to Section 54?
How can I file a complaint against encroachment on my property according to Section 91 of the Code of Civil Procedure, 1908?
What is the significance of Section 17 of the Registration Act, 1908 in the registration of property documents in India?
Under what circumstances can a landlord legally evict a tenant under the Rent Control Act of 1947, specifically Section 14?
What is the procedure to claim ownership of a property under adverse possession as per Article 65 of the Limitation Act, 1963?
How do I establish ownership of ancestral property in India, and what role does the Hindu Succession Act, 1956 play in this process?
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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.