Law regarding property in india. Property Laws In India 2022-10-21

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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.

Property Law: Section 44 of the Transfer of Property Act, 1882

law regarding property in india

Before you rent a property either as an owner or as a tenant , you must look out for certain points that guarantee you a safe transaction. Court Fee: The Court decides the court costs based on the value of the suit, and the court fees must be paid before the suit may be filed. As per Section 2 of the Act, however, matters relating to the Succession and Inheritance of a Mohammedan are governed by Mohammedan Personal Law, commonly known as the Muslim Personal law. In such cases people enter in cohabitation agreements. Who can sell an ancestral property? Things to keep in mind when inheriting a property. Hence, the property will devolve upon son, daughter, wife and mother of the intestate being class-1 legal heirs. Such a co-owner has an interest in every portion of the property and has a right irrespective of his quantity of share, to be in possession jointly with others.


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Various types of property ownership and its laws and rules in India

law regarding property in india

Fractional Ownership In fractional ownership, you own a slice of the real estate and are given a deed to the property rather than a period of time to utilise it. In case of Muslims, provisions of the Muslim Personal Law Shariat Application Act, 1937, apply. What is the definition of Maintenance under the Act? Debi Rani Paul the facts were- There were three sons A, B, C. Position Of Minor Coparcener Under Hindu Law both minor and major coparcener have same rights and both are entitled for partition. The Government of India passed the This law is determined by the state government but is formed on the foundation of certain rights that tenants and landowners enjoy. Also read: legal heir certificate online in Tamil Nadu Can ancestral property be gifted? A few of the questions listed in the questionnaire were — whether the concept of adverse possession should remain as a law or is it time to abolish it, should the actual owner compensate the illegal possessor of the property for the improvements done by him to the What is the current status regarding the concept of adverse possession according to the Supreme Court? While the wife will have a legal right to the property, the fact that the property is entirely held by the husband will be unaffected by the country's current inheritance laws. B and A each hold a 50% interest.

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Laws for Partition of property in India

law regarding property in india

The share of each brother can then be divided among their offspring and so on. Therefore, if you are concerned with the legal process to sell property in India, take a closer look at the pointers listed below. Her educational background and experiences have given her a broad base from which to approach many topics. There are two types of tenancy agreements in India, Lease Agreements which are covered by rent control laws and Lease and License Agreement which are not. On the death of the father, the mother becomes the guardian.

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Property Laws In India

law regarding property in india

Make sure you read these before signing the agreement. In numerous cases, tenants have refused to relocate. In that case, the plea of adverse possession can be filed within the period of 12 years Article 65 of schedule 1 ,whereas if the owner of the property is Government, then the limit of filing the case is within 30 yearsas per Article 112 of schedule 1of the Limitation Act. Through a will, the property ownership is transferred after the demise of the donor. And as a finance enthusiast, he started to learn more about it.

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Property

law regarding property in india

If division of co-ownership of property takes place, the co-owner can claim, that, the said property be allotted to his share. A suit was filed by the Respondent 2. The division is mandated by legislation. The Variance Between Lineal And Inherited Property It is very critical to determine the type of land you are residing in. Basically, the father, the grandfather, the great grandfather and the great-great grandfather have inheritance rights over an undivided ancestral property. The appellant cannot be said to be the member of the joint family of D. Self-acquired property is the property that a person acquires or purchases with his own money and income.

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» Laws Regarding Partition of Property in India

law regarding property in india

However, the Government took the stance of adverse possession law, and the Government did not pay the compensation for 52 long yrs. This has been effective in pacing up the redress process during the last few years. The Split Among Brothers and Sisters Those days when joint families were determined to keep the family members as a cohesive family where the spirit of sharing and caring was alive are long gone. They stayed in the house in the village for attending kali pooja. Property that you are gifting to someone is not ancestral. In this case, his first marriage has not been annulled by law and the first wife and their children are lawful heirs.


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What Is Ancestral Property? Definition & Important Legal Rules

law regarding property in india

The Plaintiff filed a suit challenging the validity of the sale for the absence of a legal necessity. Further all the properties can be broadly categorised into Real and Personal property. Stamp duty varies from state to state. The property must be four-generation old of the male lineage. Court proceedings of any type should be avoided at all times. Lawyers are barred from participating in the proceedings of the Tribunals at any stage. You may also like: 10.

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Renting a house? 10 laws that every tenant & owner in India must know

law regarding property in india

Kolkata 1% of the total cost of the property. The Plaintiffs filed a suit under Section 44 to restrain the lessee from interfering with their possession. A terminated tenancy by the entirety becomes a tenancy in common. Therefore, there is no explicit bar under Article 65 or any other provisions of the Act against the Plaintiff who has acquired his title by adverse possession to sue to evict a person in possession. J, observed as follows: We deem it a far safer practice to leave a purchaser to a suit for partition than to place him by force in joint possession in the Hindu Family, which may be not only of a different caste from his own, but also different in race and religion.

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