The law regarding property in India is governed by the Indian Constitution, various acts passed by the Parliament of India, and the principles of common law.
According to the Constitution of India, property is a fundamental right protected under Article 300A, which states that "no person shall be deprived of his property save by authority of law". This means that the government cannot take away an individual's property without following due process and providing just compensation.
There are several laws that regulate property rights in India, including the Transfer of Property Act, 1882, the Registration Act, 1908, the Indian Easements Act, 1882, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Transfer of Property Act, 1882 regulates the transfer of ownership of property, both movable and immovable, from one person to another. It outlines the various modes of transfer, such as sale, gift, mortgage, and exchange, and specifies the necessary requirements and procedures for each mode.
The Registration Act, 1908 requires the registration of certain documents related to the transfer of immovable property, such as sale deeds and mortgages. The purpose of this act is to create a public record of such transactions and provide evidence of ownership.
The Indian Easements Act, 1882 defines the rights and duties of parties with respect to the use of immovable property belonging to another person. For example, an easement allows an individual to use a piece of land belonging to someone else for a specific purpose, such as the right to pass through the land to access their own property.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deals with the acquisition of land by the government for public purposes, such as the construction of roads and buildings. It ensures that the land acquisition process is transparent and that affected landowners are provided with fair compensation.
In addition to these statutory laws, the principles of common law, which include judicial precedents and principles of equity, also play a significant role in the law regarding property in India.
Overall, the law regarding property in India is a combination of constitutional provisions, statutory laws, and common law principles, all of which aim to protect the rights of individuals with respect to their property and ensure that the transfer and acquisition of property are carried out in a fair and transparent manner.