Property Law Questions and Answers in India

Property law in India spans the Transfer of Property Act, 1882, the Registration Act, 1908, the Real Estate (Regulation and Development) Act, 2016, and state-specific tenancy, revenue and land ceiling legislation. Because so much is state-specific, the answer to a property question frequently depends on where the property is.

Typical questions concern verifying title before purchase, what due diligence a buyer should insist on, builder delay and RERA complaints, disputes between landlord and tenant over deposits and eviction, ancestral property and partition among heirs, and the stamp duty and registration consequences of a gift or sale.

Title due diligence usually means tracing the chain of ownership for at least thirty years, obtaining an encumbrance certificate, checking that municipal tax and society dues are clear, confirming approved building plans and occupancy certificate, and verifying that the land use permits what is built on it. An agreement to sell is not a transfer of title; only a registered sale deed conveys ownership under the Transfer of Property Act.

For under-construction property, RERA registration of the project is the first thing to check. A registered project carries a declared completion date, and delay beyond it entitles the allottee to interest or to withdraw with a refund. Complaints go to the state RERA authority, which is faster and cheaper than a civil suit.

Inherited property brings its own set of issues. Under the Hindu Succession Act, 1956 as amended in 2005, daughters are coparceners with the same rights as sons by birth, including in property inherited before the amendment. Partition can be by mutual family settlement, which is cheaper, or by suit, which is not.

Property disputes are among the slowest matters in Indian courts. An hour spent on title verification before payment routinely prevents years of litigation afterwards.