Property Law
Property law governs the ownership, transfer, and use of both movable and immovable property.
Property Law Overview:
Property law governs the ownership, transfer, and use of both movable and immovable property. In India, property law encompasses a range of legal issues including land ownership, property rights, inheritance, tenancy, and disputes over real estate transactions. The primary goal of property law is to regulate the relationships between individuals concerning land and property while ensuring legal protection of ownership and title.
Lawyers conduct thorough title searches, NA/NOC and due diligence to ensure that the property has a clear title and is free of encumbrances or legal issues.
Property law in India recognizes two main types of property:
Movable Property: Includes things that can be moved, like vehicles, furniture, and personal belongings.
Immovable Property: Primarily land and buildings, which are governed by stricter laws due to their high value and importance in society.
Immovable property law is highly regulated, involving issues such as title transfer, land disputes, ownership, tenancy rights, and real estate transactions.
Transfer of Property (Transfer of Property Act, 1882):
The Transfer of Property Act, 1882, is one of the key legal frameworks that governs the transfer of property between individuals. It covers the sale, mortgage, lease, and gift of immovable property. The Act provides the legal procedures for valid property transfers, ensuring that title and ownership are properly transferred. Advocates assist in drafting and reviewing legal documents related to property transfers and ensure that the transaction is in compliance with the law.
Property Registration (Registration Act, 1908):
In India, it is mandatory to register the transfer of immovable property under the Registration Act, 1908. Registration of sale deeds, lease agreements, and other documents helps in creating a public record of the transaction, thereby preventing disputes over title. Lawyers assist clients in drafting sale deeds, conducting title searches, and ensuring that all property documents are properly registered with the relevant authorities.
Real Estate Regulation (RERA Act, 2016):
The Real Estate (Regulation and Development) Act, 2016 (RERA) is designed to bring transparency and accountability to the real estate sector. It requires the registration of real estate projects and regulates the conduct of developers and agents. Under RERA, property buyers are provided greater protection from fraud and delays in possession. Advocates play a crucial role in advising buyers and developers on compliance with RERA, handling property disputes, and representing clients before RERA tribunals.
Ownership and Title Disputes:
Title disputes arise when there is ambiguity or conflict over the legal ownership of property. This can be due to unclear or fraudulent documentation, inheritance claims, or disputes between co-owners. Lawyers help resolve these disputes by conducting thorough title searches, representing clients in court, and providing legal opinions on property ownership.
Land Acquisition (Land Acquisition Act, 2013):
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 governs the acquisition of private land by the government for public purposes. It ensures that landowners receive fair compensation and that the process is transparent. Lawyers assist landowners in negotiating compensation, handling disputes regarding land acquisition, and representing them in cases where they challenge the acquisition.
Tenancy and Lease Agreements:
Tenancy laws regulate the relationship between landlords and tenants. The Rent Control Act and other state-specific tenancy laws govern aspects such as rent fixation, eviction, and the rights of tenants and landlords. Our advocates help draft tenancy agreements, handle disputes related to eviction or rent control, and represent both landlords and tenants in court.
Partition and Inheritance of Property:
When property is jointly owned by multiple family members or inherited, disputes over partition (division) or inheritance can arise. Under the Hindu Succession Act, 1956, and the Indian Succession Act, 1925, property is divided among legal heirs. Lawyers assist clients in partition suits, inheritance claims, and resolving disputes regarding property division.
Mortgage and Loans (SARFAESI Act, 2002):
Property is often mortgaged as security for loans. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, enables banks and financial institutions to recover loans by taking possession of and auctioning mortgaged property in case of loan default. Advocates help clients navigate mortgage disputes, negotiate loan terms, and protect their property rights under the SARFAESI Act.
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