Property Law

Property law is the area of law that governs the various forms of ownership in tangible and intangible property. Property is broadly classified into two categories.

Immovable Property includes land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth (excluding standing timber, growing crops, and grass), and Movable Property (Like watch, timber or anything which is movable and not attached to the earth).

Our practice pertains to the following, among others.

The Transfer of Property Act, 1882 

The Act came into force on July 1st, 1882 and was enacted for regulating transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. ‘Transfer of Property’ as per the Act means an act by which a person conveys the title in a property to one or more persons, or himself and one or more other persons. (Act available in PDF here)

The Real Estate (Regulation and Development) Act, 2016 

The Act came into force on May 1st, 2016. The Act seeks to protect home-buyers as well as help boost investments in the real estate industry. The Act establishes a Real Estate Regulatory Authority (RERA) in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution. (Act available in PDF here)

Delhi Rent Control Act, 1958

The Act came into force on July 1st, 1882 and was enacted to provide for the control of rent and eviction of tenants. It further relates to protection of the tenant from having to pay more than a standard rent and protect the tenant from arbitrary eviction by the landlord.

Indian Succession Act, 1925

The Act came into force on September 30th, 1925 and was enacted to provide for the substantive law of testamentary succession with respect to the persons other than Muslims and intestate succession among persons other than Hindus and Muslims. It is also the principal legislative measure dealing with the machinery of succession with respect to both testamentary and intestate succession in respect of such persons and consolidates the provisions in relation to succession from various acts.

Hindu Succession Act, 1956

The Act came into force on June 18th, 1956 and was enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession.

Further, with the Hindu Succession (Amendment) Act, 2005, the Hindu woman’s limited estate has been abolished and the property possessed by a Hindu female is to be held by her as absolute property. Accordingly, a Hindu female has been given full power to deal with the said property and dispose it of according to her will.

Indian Easements Act, 1872 

The act came into force on February 17th, 1882. An Easment is a non-possessory right to use and/or enter onto the real property of another without possessing it. Easements are helpful in providing pathways across two or more pieces of property, allowing individuals to access other properties or a resource. The rights of an easement holder vary substantially among jurisdictions. Historically, the common law courts would enforce only four types of easements, viz, Right-of-way (easements of way), Easements of support (pertaining to excavations), Easements of “light and air” and Rights pertaining to artificial waterways. The modern law recognizes more varieties of easements, but these original categories still form the foundation of easement law. (Act available in PDF here)

Benami Transactions (Prohibition) Act, 1988 

The Act came into force on September 5th, 1988 and was enacted to prohibition of benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto. The Act defines a benami transaction as a transaction where a property is held by or transferred to a person, but has been provided for or paid by another person. Such transactions include property transactions where (i) the transaction is made in a fictitious name, (ii) the owner is not aware of denies knowledge of the ownership of the property, or (iii) the person providing the consideration for the property is not traceable. (Act available in PDF here)

Public Premises (Eviction of Unauthorized Occupants) Act, 1971

The Act came into force on August 23rd, 1971 and was enacted to provide for speedy machinery for the eviction of unauthorised occupants from public premises and its incidental matters. It further prevents the arbitrary use of powers to evict genuine tenants from public premises under the control of public sector undertakings/ financial institutions.

Delhi Municipal Corporation Act, 1957 

The Act came into force on December 28th, 1957 and was enacted to provide for the Municipal Corporation Laws of Delhi. (Act available in PDF here)

New Delhi Municipal Council Act, 1994 

The Act came into force on July 14th, 1994 and was enacted to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto. (Act available in PDF here)

The Limitation Act, 1963 

The Act came into force on October 5th, 1963 and was enacted to provide for the law for limitation of suits and other proceedings and for purposes connected therewith. It prescribes the time limit for different suits within which an aggrieved person can approach the court for redress or justice. Any suit which is filed after the prescribed time limit is considered to be struck by limitation. (Act available in PDF here)


Legal Remedies Availabe to Real Estate Investors/ Allotees

The inforgaphic provides a birds-eye view of common conusmer grievances of real estate consumers, and enlists possible remedies under diferrent laws, such as: The Consumer Protection Act, 2019; Real Estate (Regulation and Development) Act, 2016; and Insolvency and Bankruptcy Code, 2016. (Read More).