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 does the Registration Act, 1908, specifically Section 17, impact the validity of an unregistered sale deed in India?
What legal recourse do I have if my landlord is not returning my security deposit as per the Maharashtra Rent Control Act, 1999?
What are the legal remedies available for unauthorized occupation of my property as per the Delhi Rent Control Act, 1958?
What are the implications of the Transfer of Property Act, 1882, Section 54, regarding the sale of inherited property in India?
How do I register a sale deed for my property under the Registration Act, 1908, and what are the required documents?
What are the steps to file a property dispute under Section 28 of the Specific Relief Act, 1963 in India?
How to handle property partition among legal heirs in India without dispute?
What is the limitation period for recovery of immovable property possession in India?
How to register a gift deed for property transfer to family member in India?
What is the difference between lease deed and sale deed in Indian property law?
How to check property title and ownership before buying in India?
What is the procedure to file a complaint under RERA 2016 against a builder who has delayed possession of my flat?
How can I check the clear title of a property before buying it? What documents should I verify to ensure the property has no legal disputes?
What is the difference between lease and license agreement under Indian property law? Which one is better for commercial property?
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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.