📚 More on Property Law in India

1. Key Central Laws

• Transfer of Property Act, 1882: Governs transfer of immovable property (sale, mortgage, lease, gift, exchange). Defines validity, consideration, bona fide transferee, prohibition on certain conditions, and estoppel rules. Wikipedia

• Partition Act, 1893: Governs division of jointly owned property, allowing voluntary partition or court-ordered sale/distribution.

• Hindu Succession Act, 1956 (Amended 2005): Governs inheritance among Hindus, Buddhists, Jains, and Sikhs; gave equal rights to daughters as coparceners. Reddit

• Indian Succession Act, 1925: Governs intestate and testamentary succession for Christians, Parsis, and other communities.

• Muslim Personal Law (Shariat) Act, 1937: Governs inheritance under Islamic law, prescribing fixed shares and regulating waqf endowments.

• Registration Act, 1908 & Stamp Act, 1899: Require registration and stamping of property documents for enforceability, authenticity and legal validity.

• Real Estate (Regulation and Development) Act, 2016 (RERA): Mandates project and agent registration, protects buyers, enforces project obligations, and provides grievance redress.

• Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR): Regulates government acquisition of land and guarantees fair compensation and resettlement.

• Specific Relief Act, 1963: Offers remedies like recovery of possession, specific performance, injunctions, cancellation/rectification of property instruments. pskhurana.com+3Wikipedia+3hindlawhouse.com+3

• Indian Easements Act, 1882: Defines rights (like right of way), and acquisition of easements via long usage. clplawbooks.com

• Limitation Act, 1963: Includes adverse possession—possession for 12 years (private) or 30 (government) can confer legal title.

• Benami Transactions (Prohibition) Act, 1988: Prohibits property held in someone else’s name to conceal the true owner.

• State Rent Control / Tenancy Laws & Model Tenancy Act pilot: Govern landlord–tenant rights, rent control, eviction and deposits.

2. Rights & Responsibilities

• Owners: Right to possess, enjoy, transfer, develop, and exclude others; right to compensation for illegal occupation. Acquiring ownership via purchase, inheritance, gift, partition or adverse possession.

• Tenants: Rights safeguarded under State Rent Control Acts; include protection from unlawful eviction, rent regulation, maintenance, notice; duties include rent payment and property upkeep.

3. Common Type of Disputes & Legal Remedies

• Issues over title and ownership, fraudulent transactions, disputed ancestral property, encroachment, tenant eviction, and failed delivery by developers.

• Remedies:

  • Declaratory suits, injunctions, partition suits.

  • Specific performance or cancellation under Specific Relief Act.

  • RERA or consumer courts for real estate developer disputes. Legal Eye+1P.S Khurana+1

• Courts enforce rights of heirs in ancestral and partition scenarios—for example, the 2025 SC ruling clarifying partitioned property as self-acquired and transferable without children’s consent.

4. Recent Legal Context & Updates

• Chandigarh is revising conversion charges for converting leasehold to freehold land, following a major hike in collector rates effective from April 2025—significantly affecting property costs in sectors across the city. The Times of India

• Supreme Court recently emphasized that registration alone does not establish ownership; valid title documents and enforcement are essential. This ruling may lead to reopening disputed registrations, especially in Odisha.

• A landmark eviction case resolved after a 60-year tenant dispute affirmed rights of legal heirs under bona fide need in landlord-tenant cases.

5. Why You Might Seek Legal Help

A firm like P.S. Khurana’s offers experienced legal support including:

• Title verification and court‑based declaratory suits

• Drafting and review of deeds, leases, licenses, wills

• Partition suits, property transfer documentation

• Dispute resolution via litigation, mediation, or arbitration

• Advice on compliance with RERA, registration, stamp duty, and zoning regulations