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Property Disputes in India and Governing Laws

Property disputes are a prevalent legal issue in India, often arising due to complexities in ownership, inheritance/ succession, real estate transactions, or contractual obligations. These disputes span areas such as succession, land acquisition, property development, and landlord-tenant relationships. The governing legal framework is diverse, encompassing both central and state-specific laws. Below is an overview of key types of property disputes and the steps involved in property litigation:

What are Property Rights and Legal Title?

Property rights are any form of right or interest over a thing. In property law, a thing can be movable, immovable, tangible, or intangible. Legal title comprises a bundle of rights, likewise ownership is nothing but a bundle of rights which comprises:

  • Right to sale
  • Right to possess
  • Right to lease
  • Right to gift
  • Right to enjoyment, etc.

Sale, mortgages, leases, or gifts are covered under TPA. This includes the procedure for registration, drafting of necessary documents (like a sale deed, lease deed, mortgage, etc.), verification of title, and the payment of stamp duty accordingly and registration fees.

Registration of Immovable Property

The Indian Registration Act, 1908, provides a procedure for registration of immovable property. It starts with:

  • Presenting documents before the concerned sub-registrar;
  • Title verification;
  • Verifying the identities of the parties (Aadhaar card, Voter card, etc.);
  • Paying registration fees ;
  • Finally receiving registered documents.

Due Diligence While Dealing With Property Issues:

Before purchasing, leasing, or selling any property, it is advisable to perform proper due diligence, which includes:

  • Title verification;
  • Encumbrance certificates (if required);
  • Ensuring there are no legal disputes attached to the property, etc.

Tenant-Landlord Disputes:

Apart from the Transfer of Property Act, 1882, there are special legislations like Rent-Control Acts (Different for each State) governing rent issues, tenant evictions, lease agreements, and maintenance issues. Landlord-Tenant disputes can arise from several issues, including:

  • Lease violation;
  • Payment of rent;
  • Property damage;
  • Repairs;
  • Eviction, etc.

Property law also provides a framework for resolving disputes such as:

  • Ownership/Title disputes
  • Inheritance disputes
  • Boundary disputes
  • Possession rights
  • Easement rights
  • Trespass
  • Builder-Buyer disputes
  • Builder-Developer disputes

Conclusion:

The TPA serves as the primary legislation governing property law in India. Over time, these laws have been regularly updated to keep up with the dynamics of property issues and legal systems. The Code of Civil Procedure 1908, Indian Contract Act 1872, Indian Succession Act 1925, Registration Act, Indian Easement Act 1882, and Rent Control Act often supplement property law disputes with established processes for litigation, including notice requirements and legal remedies.

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