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.
Under what circumstances can a property contract be considered void as per Section 23 of the Indian Contract Act, 1872?
How does the Land Acquisition Act, 2013, provide compensation for land acquisition, and what is the process for claiming it?
What are the legal implications of encroachment on property under the Indian Easements Act, 1882, and how can I seek remedies?
Can a tenant evict a landlord under Section 21 of the Rent Control Act, 1958, if the landlord fails to maintain the property?
What are the legal requirements for executing a will under the Indian Succession Act, 1925, particularly concerning witness signatures?
Can you explain the rights of a tenant under the Delhi Rent Control Act, 1958, especially concerning eviction and notice periods?
What are the rights of a tenant under the Rent Control Act, and how can I evict a tenant who has not paid rent for over six months?
Under the Indian Easements Act, 1882, what are the key rights of a property owner concerning easements, and how can they be enforced?
How does the Transfer of Property Act, 1882 define 'lease', and what are the maximum durations for leases stipulated in Section 106?
What are the legal requirements under the Registration Act, 1908 for registering a property sale in India, and what documents are needed?
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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.