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.
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How can I challenge a property title under Section 31 of the Punjab Land Revenue Act, 1887, and what is the process involved?
What is the procedure to file a suit for recovery of possession under Section 9 of the Specific Relief Act, 1963 in India?
What steps should I take if I receive a notice for eviction under Section 106 of the Transfer of Property Act, 1882?
What are the rights of a tenant under the Rent Control Act, 1958 if the landlord wants to evict them without proper notice?
How does the Real Estate (Regulation and Development) Act, 2016 protect buyers in case of project delays by builders in India?
What are the legal implications of not registering a property sale agreement as per Section 17 of the Registration Act, 1908?
How can I contest a property sale under the Indian Registration Act, 1908 if I believe it was executed without my consent?
How do the provisions of the Real Estate (Regulation and Development) Act, 2016, especially Section 3, protect buyers from fraudulent builders?
What are the key requirements under Section 53A of the Transfer of Property Act, 1882 for a valid equitable mortgage in India?
How does the Land Acquisition Act, 2013, particularly under Section 26 for compensation, address disputes regarding property valuation?
What are my rights as a tenant under the Rent Control Act, 1958, specifically in Section 13 concerning eviction procedures?
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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.