A house or a plot is usually the biggest thing a family owns, and the thing it fights over longest. This guide explains, in plain words, how to check title before you buy, what registration and mutation really do, who inherits family property, how partition works, what to do when someone occupies your land or a builder delays your flat, and how tenancy, bank and NRI matters are handled. When you are ready, describe your matter in the form and an enrolled advocate who handles property cases can call you. It is free for clients.
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For most Indian families, a house or a piece of land is the largest thing they will ever own, and often the thing they fight over the longest. Property work is less about courtroom drama and more about paper: who signed what, when, whether it was registered, and whether every earlier owner had the right to sell. A property lawyer is an advocate who spends much of their time reading those papers, spotting what is missing, and either fixing the problem before it becomes a dispute or fighting it in the right forum when it already has.
The work divides naturally into two kinds. The first is preventive, sometimes called conveyancing or transactional work. The second is contentious, meaning litigation. Many advocates do both, but the skills differ, and it helps to know which kind of help you need.
Reading the chain of documents, checking the encumbrance certificate, land records and court cases, and writing a title report that tells you whether the seller can give you clean ownership.
Preparing agreements to sell, sale deeds, gift deeds, relinquishment and partition deeds, leases and powers of attorney, and guiding you through stamp duty and registration.
Working out who inherits under the applicable personal law, drafting family settlements, and filing or defending partition suits when the family cannot agree.
Recovering property from trespassers, relatives or former tenants, getting injunctions to stop construction or sale, and handling the police side when crimes such as forgery are involved.
Filing complaints with RERA or the consumer commission for delay, defects or refund, and advising on insolvency proceedings against a developer.
Eviction and rent disputes, bank recovery under SARFAESI, and managing property for owners living abroad through properly executed powers of attorney.
Property problems rarely arrive in a tidy form. Here is what usually matters most in the first few days for the situations people bring to advocates most often.
| Your situation | Do this first | Avoid this |
|---|---|---|
| You are about to buy a flat or plot | Get copies of all title documents and have them checked before paying any large advance | Paying earnest money on an unchecked title, or signing a builder's printed agreement without reading it |
| Someone has occupied or is building on your land | Photograph and date the site, collect your title and tax papers, and see an advocate quickly about an injunction | Using force to remove them, or waiting months while construction finishes |
| A relative refuses to share inherited property | List the property, the deceased owner's heirs and the documents, and check for any will | Signing a relinquishment or "no objection" paper under family pressure without advice |
| You found a forged deed or a sale you never signed | Get a certified copy from the sub-registrar, note when you learnt of it, and act on both civil and criminal sides | Assuming the police complaint alone will cancel the deed |
| The builder has not handed over your flat | Check the possession date in your agreement and the project's RERA registration, and gather payment receipts | Signing a fresh addendum that pushes the date or waives interest |
| A tenant will not leave | Check whether your agreement is registered, which rent law applies, and send a proper termination notice | Cutting electricity or water, or changing the locks, which can expose you to legal action |
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Most property disputes fall into a few families. Knowing which one you are in tells you which law applies, which forum hears it, and how long you have to act.
| Dispute | Typical example | Main law | Where it is heard |
|---|---|---|---|
| Title and ownership | Two people hold deeds for the same plot | Transfer of Property Act, 1882; Registration Act, 1908; Specific Relief Act, 1963 | Civil court |
| Inheritance and partition | Siblings disagree over a father's house | Hindu Succession Act, 1956; Indian Succession Act, 1925; Muslim personal law; Partition Act, 1893 | Civil court |
| Possession and encroachment | A neighbour builds a wall on your land | Specific Relief Act; Limitation Act, 1963 | Civil court, with police for crimes |
| Fraud and forgery | A fake power of attorney used to sell your plot | Bharatiya Nyaya Sanhita, 2023 for the crime; Specific Relief Act for cancelling the deed | Criminal court and civil court |
| Builder and buyer | Flat delayed by four years | Real Estate (Regulation and Development) Act, 2016; Consumer Protection Act, 2019 | RERA authority or consumer commission |
| Landlord and tenant | Eviction for non-payment of rent | State rent control or tenancy law; Transfer of Property Act | Rent controller, rent authority or civil court |
Title verification is the single most valuable thing a property lawyer does, and the one buyers most often skip. The reason is simple. In India, the state does not guarantee title. The sub-registrar registers a document that is properly presented and stamped, but does not check whether the seller actually owns what they are selling. That job falls on the buyer. If you skip it, you can pay the full price, register a perfect-looking deed and still lose the property years later to someone with a better claim.
The Supreme Court spelt this out in Mahnoor Fatima Imran v. Visweswara Infrastructure (7 May 2025). Buyers held registered sale deeds, but those deeds rested on an earlier unregistered agreement from 1982 that could never have passed ownership. The Court held that a registered deed without a lawful foundation does not confer title. The practical lesson for every buyer is that registration completes a transfer, but it cannot cure a broken chain behind it.
Our property verification service and public notice service cover two of these steps if you want them done for you.
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Under Section 17 of the Registration Act, 1908, documents that transfer or create rights in immovable property worth one hundred rupees or more must be registered. That covers sale deeds, gift deeds, mortgages other than some equitable mortgages, leases for more than a year, and relinquishment and partition deeds. Since 2001, agreements to sell must also be registered if the buyer wants the protection of part performance under Section 53A of the Transfer of Property Act. A document that must be registered but is not cannot be used as evidence of the transfer, under Section 49, though it can be used in a suit for specific performance or for limited collateral purposes.
A document must be presented for registration within four months of signing, at the sub-registrar's office for the area where the property lies. All executants must appear, or be represented through a properly registered power of attorney, and identify themselves. Many states now let parties book appointments, pay duty and upload documents online, and some record biometric details and photographs.
| Document | Registration | Practical note |
|---|---|---|
| Sale deed | Compulsory | Duty is on the higher of the price and the circle rate in most states |
| Gift deed of immovable property | Compulsory under Section 123 of the Transfer of Property Act | Many states charge lower duty for gifts within the family |
| Agreement to sell | Needed for Section 53A protection | Some states charge duty on it, adjustable later |
| Relinquishment deed | Compulsory | Used when an heir gives up their share to another |
| Will | Optional | Registration helps with proof but is not required |
| Memorandum of an earlier family settlement | Generally not required | A document that itself creates the division does need registration |
Stamp duty is a state subject, so rates, concessions for women buyers and the treatment of family transfers vary from state to state. If the value in the deed is below the circle rate, the registering officer can refer the document for valuation and you may have to pay the difference with a penalty. Our stamp duty calculator gives a working estimate, and our property registration guide walks through the office visit itself.
The central government published a draft Registration Bill in 2025 to replace the 1908 Act, proposing fully online registration, electronic records and compulsory registration of more documents such as agreements to sell and powers of attorney. Until a new law is passed and notified, the 1908 Act and your state's rules continue to apply, so ask your advocate about the position on the date you register.
After you buy or inherit property, you apply to the revenue office or the municipal body to enter your name in its records. This is mutation, also called dakhil kharij, namantaran or transfer of khata, depending on the state. It matters because it lets you pay tax in your name, get utility connections, take a loan and sell later without questions.
What mutation does not do is make you the owner. The Supreme Court has said many times, including in Jitendra Singh v. State of Madhya Pradesh (2021), that revenue entries are kept for fiscal purposes, and that a person claiming title must establish it in a civil court on the basis of the documents and the law. An entry in someone's favour is useful evidence of possession, and a wrong entry should be corrected, but it neither creates nor destroys title.
| Record | Common local names | What it shows |
|---|---|---|
| Record of rights | Jamabandi, 7/12 extract, RTC or pahani, khatauni, patta, ROR | Owner or occupant, area, cultivation and some encumbrances of agricultural land |
| Survey map | Cadastral map, shajra, FMB sketch, naksha | Boundaries and plot numbers |
| Municipal records | Property tax account, khata, assessment register | The taxpayer for urban property |
| Registration records | Encumbrance certificate, index registers | Registered transactions on the property |
Most states have put these records online under the Digital India Land Records Modernisation Programme, and many plots now carry a fourteen-character Unique Land Parcel Identification Number, sometimes called Bhu-Aadhaar. Online copies are good for a first check, but for a transaction or a case, get certified copies from the office.
If your mutation is refused or someone else's name has been entered wrongly, there is usually an appeal or revision within the revenue system, before officers such as the sub-divisional officer or the collector. Where the dispute is really about who owns the land, the revenue officer may decline to decide it and leave the parties to the civil court. An advocate can tell you which route will actually resolve your problem.
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When someone dies without a will, their property passes under the succession law that applies to them, which in India depends mostly on religion. When there is a valid will, the will decides, subject to some limits. Most family property disputes begin with a misunderstanding of these rules, so it is worth getting them right before talking to relatives.
| Community | Law | Key points |
|---|---|---|
| Hindus, Sikhs, Jains, Buddhists | Hindu Succession Act, 1956 | A man's property goes first to Class I heirs, including his widow, sons, daughters and mother, in equal shares. A woman's property follows Sections 15 and 16. Daughters are coparceners by birth in joint family property. |
| Muslims | Muslim personal law, applied through the Shariat Application Act, 1937 | Shares are fixed by the school of law followed. A will can generally cover no more than one-third of the estate unless the heirs consent. |
| Christians, Parsis and others | Indian Succession Act, 1925 | Separate rules for Christians and for Parsis. A spouse and children share in defined proportions. |
| Marriages under the Special Marriage Act | Generally the Indian Succession Act | Where both spouses are Hindu, Sikh, Jain or Buddhist, the Hindu Succession Act can continue to apply. |
| Goa | Goa Civil Code | Spouses usually share property in community, with distinct rules on inheritance. |
The 2005 amendment to Section 6 of the Hindu Succession Act made daughters coparceners by birth, with the same rights and liabilities as sons. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that this right does not depend on the father being alive on 9 September 2005. A daughter can claim her share in coparcenary property whether she is married or not, and whether she was born before or after 2005, subject to partitions that were genuinely completed and registered, or decreed by a court, before 20 December 2004.
Families often call every old house "ancestral". The law is narrower. Property that a man bought with his own money is his self-acquired property, and he can sell it or leave it by will to anyone. Coparcenary property is joint family property in which the coparceners, sons and now daughters, have a right by birth. The Supreme Court has held that property a son inherits from his father under Section 8 of the Act after 1956 is generally his own, not coparcenary property in his son's hands, unless it was already joint family property. Whether a house is self-acquired or joint decides almost everything about who can claim it, so this is often the first question an advocate examines.
To move property into the heirs' names, families usually need the death certificate, proof of relationship, a legal heir or family member certificate, any will, and consent or relinquishment deeds from heirs who give up their share. A succession certificate is mainly for debts and securities such as bank deposits and shares, not land or houses. Our pages on the legal heir certificate and the succession certificate explain both.
When co-owners want to divide property, they have two routes. The first is agreement. The second is a court case. The first is almost always faster, cheaper and kinder, and a good advocate will try it before the second.
Co-owners can agree on a division and record it in a partition deed, which must be stamped and registered. Alternatively, a family that has already settled its affairs orally can write a memorandum recording what was agreed in the past. In Kale v. Deputy Director of Consolidation (1976), the Supreme Court held that such a memorandum of an earlier settlement does not need registration, and that courts should uphold genuine family settlements because they preserve peace in the family. The line between recording a past settlement and creating a new division on paper is fine, and getting it wrong can make the document inadmissible, so this is drafting worth paying for.
Heirs who want to give their share to one sibling can execute a registered relinquishment deed, or a gift deed if they want to give it as a gift. Each has different stamp duty consequences in different states. Our gift deed service explains the gift route.
If agreement fails, any co-owner can file a suit for partition in the civil court where the property lies. The case usually moves in two stages.
Partition suits are slow because they often turn into disputes about whether property was self-acquired, whether earlier transfers were valid, and whether some members have already received their share. Mediation, available in most civil courts and sometimes ordered by the court itself, often produces a settlement once each side sees its likely share in black and white.
A co-owner can sell only their own undivided share. The buyer steps into their shoes and can seek partition, but cannot take exclusive possession of a specific portion without a division. If a relative has sold the whole family house on the strength of their name in the tax records, the other co-owners can sue to declare that the sale does not bind their shares.
A will takes effect only on death and can be changed any number of times until then. A gift of immovable property takes effect during the owner's lifetime, must be made by a registered deed signed by the donor and attested by two witnesses, and must be accepted by the person receiving it. Once a gift is accepted and complete, it generally cannot be revoked except in limited cases, such as where the deed itself provides for it on a condition agreed by both sides, or where it was obtained by fraud or undue influence.
Disputes over wills usually turn on proof. The person relying on the will must prove that the testator signed it with a sound mind and free will, and that two witnesses attested it. Suspicious circumstances, such as the main beneficiary arranging the will, a shaky signature, or the exclusion of close family without explanation, must be explained. Registration helps, but is not required. In some cities, including those within the old presidency towns of Mumbai, Kolkata and Chennai, a will must be probated before the executor can act on it. Our guide for the will lawyer covers this in depth, and our will drafting service can help you make one.
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A sadly common story: parents gift their house to a son on the understanding that he will care for them, and the care stops once the deed is registered. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives parents a direct remedy. Under Section 23, where a senior citizen has transferred property by gift or otherwise on the condition that the transferee will provide basic amenities and physical needs, and the transferee fails to do so, the transfer can be declared void by the Maintenance Tribunal.
The Supreme Court has said this law is meant to protect the elderly and should be read to achieve that purpose. Tribunals have set aside gift deeds where the condition of care was shown and broken, and parents have also obtained orders to remove abusive children from houses the parents own. The tribunal procedure is meant to be quick. Section 17 of the Act says parties are not to be represented by a legal practitioner before the tribunal, though High Courts have differed on how strictly this applies, and an advocate can still help prepare the application and handle appeals, writ petitions and any civil litigation.
For parents planning a gift, the safest course is to write the expectation of care into the deed itself and keep evidence of the arrangement. Our family lawyer guide covers maintenance claims by parents in more detail.
Land left unattended, especially vacant plots and houses of owners living in another city or abroad, attracts encroachers. Sometimes the occupant is a stranger. More often it is a relative, a caretaker, a former tenant or a neighbour who moves a boundary wall a few feet at a time. The law gives owners several remedies, but almost all of them get weaker with delay.
| Remedy | When to use it | Time limit |
|---|---|---|
| Suit under Section 6 of the Specific Relief Act | You were in possession and were dispossessed without your consent and without due process. The court restores possession without deciding title. | Within six months of dispossession; not available against the government |
| Suit for possession based on title | You own the property and someone else is occupying it | Twelve years from when the occupant's possession became adverse to you, under Article 65 of the Limitation Act |
| Suit for possession based on earlier possession | You were in possession and were dispossessed | Twelve years from dispossession, under Article 64 |
| Temporary injunction | To stop construction, sale or interference while the suit is decided | Ask at the start of the suit; delay weakens the claim |
| Permanent injunction | You are in possession and want to stop someone from interfering | Three years from when the right to sue arises, for most declaration and injunction claims |
| Suit for declaration of title | Someone disputes your ownership or holds a document that clouds it | Generally three years from when the right to sue first arises |
Temporary injunctions are granted under Order XXXIX of the Code of Civil Procedure when you show a prima facie case, that the balance of convenience is in your favour, and that you would suffer irreparable harm without one. The strongest applications come early, supported by photographs, title documents and evidence of possession such as tax and electricity bills. An injunction sought after a building is complete is much harder to get.
A person who openly occupies another's land for twelve years, in a way hostile to the owner and known to the owner, without the owner taking action, can become owner by adverse possession. For land of the government, the period is thirty years. In Ravinder Kaur Grewal v. Manjit Kaur (2019), the Supreme Court held that a person who has perfected title by adverse possession can also sue to protect it, not only use it as a defence. Courts insist on strict proof of hostile, continuous and open possession, and permissive possession by a tenant, licensee or relative does not count. But the doctrine is the reason an owner who knows of an encroachment cannot afford to wait for years.
Removing an occupant by force can lead to criminal cases against you. The settled position is that a person in settled possession, even without title, cannot be thrown out except by due process. The safer route is a quick civil suit with an injunction, combined, where the facts show a crime, with a police complaint.
The police can act where there is criminal trespass, which is an offence under Section 329 of the Bharatiya Nyaya Sanhita, or intimidation, damage or violence. Some states have special land grabbing laws with dedicated courts or committees. The police are often reluctant to intervene in what they see as a civil dispute, and a complaint that tries to turn a genuine civil disagreement into a crime can be quashed by the High Court. A criminal lawyer and a civil lawyer working together usually get better results than either alone. Our criminal lawyer guide explains how to get an FIR registered if the police refuse.
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Property fraud takes familiar forms: an impostor posing as the owner at the sub-registrar's office, a forged power of attorney, the same plot sold to several buyers, a deed signed by an elderly person who did not understand it, or a builder selling flats that are already mortgaged. Fraud victims usually need action on three fronts at once.
Act quickly to get certified copies of the fraudulent deed and the sub-registrar's records, which often include photographs and thumb impressions of the people who appeared. Note the date you learnt of the fraud, because limitation runs from knowledge. And tell your bank and the local revenue office in writing, so the fraudster cannot easily get a loan or mutation on the property.
Prevention is cheaper. Keep original deeds safe, check the encumbrance certificate for your property every year or two, visit or have someone visit vacant property regularly, and never sign a blank paper or a power of attorney you have not read.
Tenancy disputes are governed by a mix of central and state law. The Transfer of Property Act sets the general rules on leases, including the notice to end a lease. Most states have their own rent control or tenancy laws that protect tenants of covered premises from eviction except on specified grounds. Some states have adopted laws based on the Model Tenancy Act, 2021, which sets up rent authorities and rent courts and requires written agreements.
Under most rent laws, a landlord can seek eviction on grounds such as failure to pay rent, subletting without consent, misuse of the premises, causing substantial damage, the landlord's genuine need for personal use, or the building needing reconstruction. The exact grounds and procedures depend on the state law and on whether the premises fall within it, which often turns on the rent amount, the date of construction and the area.
For premises outside rent control, a lease can be ended by a notice under Section 106 of the Transfer of Property Act. For a month-to-month lease, the notice period is fifteen days unless the agreement says otherwise. After the lease ends, a tenant who stays on can be removed through a civil suit for possession and mesne profits, meaning compensation for the period of unauthorised use.
Deadlines matter in property cases. Book a free call back today rather than waiting.
For buyers of flats under construction, the Real Estate (Regulation and Development) Act, 2016, known as RERA, changed the balance of power. Projects above a threshold must be registered with the state RERA authority, which publishes the promised completion date, approvals and quarterly progress. A buyer can check all of this online before booking.
| Problem | Your rights under RERA |
|---|---|
| Possession delayed beyond the agreed date | Under Section 18, either withdraw and get your money back with interest and compensation, or stay in the project and receive interest for every month of delay until possession |
| Builder asks for more than ten percent before the agreement | Section 13 bars taking more than ten percent of the cost before a written agreement for sale is registered |
| Structural defects after possession | Under Section 14(3), defects reported within five years of possession must be rectified within thirty days without charge, failing which you can claim compensation |
| Changes to the sanctioned plan | Major changes need the consent of two-thirds of allottees, besides the buyer's own consent for changes to their unit |
| Builder's false statements in brochures | Compensation, and the option to withdraw with refund and interest |
The interest rate for refunds and delay is set by the state's RERA rules, usually linked to a bank lending rate. Complaints are filed with the RERA authority, and the Supreme Court held in Newtech Promoters v. State of Uttar Pradesh (2021) that the authority itself can order refunds with interest, while compensation claims go to the adjudicating officer. Appeals go to the Real Estate Appellate Tribunal, and a builder appealing an order must first deposit the amount ordered.
A buyer can also go to the consumer commission for deficiency in service. The Supreme Court held in Imperia Structures v. Anil Patni (2020) that RERA does not bar a consumer complaint. Under the Consumer Protection Act, 2019, the District Commission hears complaints where the amount paid is up to fifty lakh rupees, the State Commission from fifty lakh to two crore rupees, and the National Commission above that. Our consumer lawyer guide and consumer complaint service explain that route.
Homebuyers are also treated as financial creditors under the Insolvency and Bankruptcy Code, as the Supreme Court confirmed in Pioneer Urban Land v. Union of India (2019). They can start insolvency against a builder if at least one hundred allottees, or ten percent of the allottees in the project, whichever is less, join together. Insolvency is a blunt tool: it can sometimes revive a stalled project, but it can also freeze everything for years. Choose between RERA, the consumer commission and insolvency with advice, because each moves at a different speed and gives a different kind of relief.
Between the handshake and the sale deed, there is usually an agreement to sell and an advance, often called earnest money or bayana. This stage produces a large share of property litigation, because prices move, families change their minds, and one side finds a better offer.
The buyer can sue for specific performance, asking the court to order the seller to execute the sale deed. Since the 2018 amendment to the Specific Relief Act, specific performance is no longer a discretionary remedy in most cases: the court must enforce a valid contract unless one of the statutory exceptions applies. But the buyer must prove that they were ready and willing to perform their side throughout, which usually means showing they had the money for the balance and asked the seller to complete. The suit must ordinarily be filed within three years from the date fixed for performance, or from when the seller refused, under Article 54 of the Limitation Act.
The seller's remedy depends on the agreement. Where the advance was genuinely earnest money meant to bind the bargain, the seller may forfeit a reasonable amount. Where a large part of the price was paid and labelled as earnest money, courts have refused to allow the forfeiture of an unreasonable sum and treated it as a penalty, allowing forfeiture only of actual loss proved. Clear clauses on what happens on default save years of argument.
Remember that an unregistered agreement does not give the buyer the protection of part performance under Section 53A, and neither the agreement nor a power of attorney makes the buyer the owner. Our power of attorney service explains when a power of attorney is appropriate and when it is not.
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When a secured loan becomes a non-performing asset, banks and housing finance companies can enforce their security without going to court, under the SARFAESI Act, 2002. The process has fixed steps, and each step gives the borrower a chance to respond.
A borrower or anyone affected can challenge the lender's measures before the Debts Recovery Tribunal under Section 17, within forty-five days. The Act does not apply to agricultural land, to loans below one lakh rupees, or where the amount due is less than twenty percent of the principal and interest. Many disputes end in a restructuring or one-time settlement, and the strongest time to negotiate is before possession is taken. A tenant in a mortgaged property also has protections and should not ignore a notice.
Non-resident Indians and Overseas Citizens of India can buy residential and commercial property in India, but not agricultural land, plantation property or farmhouses, under the foreign exchange rules made under FEMA. They can inherit any property, including agricultural land, and receive residential or commercial property as a gift from a relative. Payment for purchases must come through normal banking channels, such as an NRE, NRO or FCNR account or inward remittance.
Most NRI property problems come from distance. A caretaker starts treating the house as his own, a relative sells a share without consent, a tenant stops paying, or a neighbour encroaches. The best protection is a clear, limited power of attorney given to a trusted person, with a local advocate who checks the property and the records regularly.
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Under the Limitation Act, 1963, a suit filed after its time limit is dismissed, however strong the case. The court cannot extend the period for filing a suit, though time can sometimes be excluded for genuine reasons such as fraud. These are the periods that come up most often in property matters.
| Claim | Time limit | Runs from |
|---|---|---|
| Recovery of possession after dispossession, without proving title | 6 months | Dispossession, under Section 6 of the Specific Relief Act |
| Specific performance of a sale agreement | 3 years | The date fixed for performance, or refusal |
| Cancellation of a deed | 3 years | When the facts entitling cancellation first became known |
| Declaration | 3 years | When the right to sue first arises |
| Possession based on earlier possession | 12 years | Dispossession |
| Possession based on title | 12 years | When the defendant's possession became adverse |
| Claims by or against the government regarding land | 30 years | Depends on the claim |
| Challenge to a SARFAESI measure | 45 days | The measure, before the Debts Recovery Tribunal |
These periods are a guide, and the correct starting point depends on facts. Partition claims between co-owners are generally not lost by time while co-ownership continues, but a co-owner who is ousted openly can face an adverse possession claim. Ask an advocate to calculate the deadline for your case as soon as you learn of the problem.
Most property suits follow the same path under the Code of Civil Procedure. Knowing it helps you understand why cases take time and where things can be speeded up.
Disputes over immovable property used exclusively in trade or commerce, above the threshold value, are commercial disputes heard by commercial courts with tighter timelines and, unless urgent relief is needed, mandatory pre-institution mediation. Mediation and Lok Adalats are open in ordinary property disputes too. A Lok Adalat settlement is final, is enforceable as a decree, and allows a refund of court fee paid in a pending case. A reply to a legal notice drafted carefully at the start often decides the tone of everything that follows.
Before you file anything, a caveat can also protect you. If you expect the other side to rush to court for an injunction against you, filing a caveat under Section 148A of the Code means the court must hear you before granting it. A caveat lasts ninety days.
These are composite examples drawn from typical matters, not real cases. Every case turns on its own documents, so treat them as illustrations rather than predictions.
A father dies without a will, leaving a self-acquired house. The elder son, who lived with him, gets the municipal record mutated into his own name and refuses to let his two sisters claim a share. The sisters' advocate explains that mutation does not decide ownership, and that under Section 8 of the Hindu Succession Act all three children and the widowed mother inherit equally. A legal notice is followed by a partition suit. At the first mediation session, faced with a clear one-fourth share each, the brother agrees to buy out his sisters at a valuation. The settlement is recorded and the court passes a decree in terms of it.
A couple who bought a plot in their home town ten years ago learn from a neighbour that a boundary wall and foundation have come up. Their advocate files a suit for declaration, possession and injunction the same week, with photographs, the registered sale deed, tax receipts and a site visit by a local commissioner. The court grants an interim order restraining further construction. A police complaint for criminal trespass is filed alongside. The occupant, who has only a notarised agreement from a person with no title, eventually leaves under a compromise. Had the couple waited until a house was built and occupied, the case would have been far harder.
A buyer has paid most of the price for a flat in a registered project. The project's RERA page shows the completion date has been extended twice. She files a complaint under Section 18 seeking a refund with interest. The authority orders the refund with interest at the rate in the state rules. The builder appeals but has to deposit the amount first. Several other buyers who wanted to wait instead claim monthly delay interest and later receive possession with an adjustment.
Every case turns on its own facts. A verified advocate can tell you what applies to yours.
You will not have every document, and that is fine. Bring what you have, and list what you know exists elsewhere.
Advocates set their own fees, and property work is priced in very different ways depending on the task. Title verification and drafting are usually charged as a fixed fee per transaction, which depends on the length of the chain, the city and the type of property. Litigation is usually charged per stage or per appearance, with a larger fee for drafting the suit and for final arguments. A partition suit or a title dispute that runs for years costs far more in total than a RERA complaint that is decided within a year or two.
Property litigation also carries costs beyond the advocate's fee. Court fee in suits for possession, partition or declaration is often calculated on the value of the property under state law, and can be substantial. Stamp duty and registration charges apply to deeds and settlements. Commissioners' fees, certified copies and survey charges add up. Factor these in before deciding whether a case is worth pursuing.
If paying for a property case is beyond you, the Legal Services Authorities Act, 1987 may help. Women, children, Scheduled Caste and Scheduled Tribe members, persons with disabilities and people whose income is under the state limit can get a free advocate through the District Legal Services Authority, including in civil suits over land and houses. Our eligibility checker gives a quick answer, and the legal fees guide explains how advocates usually price their work.
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Revenue entries are for tax purposes. Ownership depends on the title documents and the law.
Registration cannot cure a seller's lack of title. If the chain is broken, the deed can fail.
Neither transfers ownership. Only a registered conveyance does.
Under the Hindu Succession Act, daughters inherit equally with sons and are coparceners by birth, married or not.
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A property lawyer checks title before you buy, drafts and registers deeds, advises on inheritance and family division, and handles disputes such as encroachment, partition, forged deeds, builder delays, tenancy and bank recovery in the right court or authority.
Collect every deed in the chain for at least thirty years, get the encumbrance certificate, check land and municipal records, search for court cases, verify approvals and possession, publish a public notice, and get a written title report from an advocate before paying any large amount.
It is essential evidence but not conclusive. The Supreme Court held in 2025 that a registered deed resting on an invalid earlier transfer does not confer title. The buyer must make sure every earlier owner had the right to sell.
No. Mutation entries in revenue and municipal records are for tax purposes. They help as evidence of possession but do not create or take away ownership, which depends on title documents and the law.
Yes. Under the Hindu Succession Act, daughters inherit equally with sons when a father dies without a will, and since 2005 they are coparceners by birth in joint family property, whether married or not.
Any co-owner can file a partition suit in the civil court where the property lies. The court first declares each person's share and then divides the property, or orders a sale if it cannot be divided. Mediation often settles these cases.
Act quickly. Collect title and possession evidence and photographs, and file a civil suit for possession and an injunction. If you were dispossessed within the last six months, a faster suit under Section 6 of the Specific Relief Act is available. File a police complaint if there was trespass or violence.
File a police complaint for forgery and cheating, file a civil suit to cancel the forged deed and for an injunction against further transfers, and inform the bank and revenue office in writing. A suit to cancel a deed is generally due within three years of learning of it.
Send a notice fixing a date for registration, attend the sub-registrar's office with the balance and record your attendance, and file a suit for specific performance within three years. Since 2018, courts must generally enforce valid agreements if you show you were ready and willing.
Yes. Under Section 18 of RERA, you can withdraw and get a refund with interest and compensation, or stay and get interest for every month of delay. You can also approach the consumer commission instead.
If the premises fall under the state's rent law, file an eviction petition on a ground it allows, such as non-payment or personal need. Otherwise, end the lease by notice under Section 106 of the Transfer of Property Act and file a civil suit for possession if the tenant does not leave. Never use force or cut utilities.
Under Section 23 of the Senior Citizens Act, if the gift was made on condition that the child would care for the parents and the child fails to do so, the Maintenance Tribunal can declare the transfer void. Writing the condition into the deed helps.
NRIs and OCIs can buy residential and commercial property but not agricultural land, plantations or farmhouses. They can inherit any property. Payments must come through normal banking channels.
Reply with your objections within sixty days of the Section 13(2) notice, talk to the lender about restructuring or settlement, and if the lender takes possession, you can challenge it before the Debts Recovery Tribunal within forty-five days.
It varies widely. A RERA complaint may be decided within months to a couple of years; a contested title or partition suit can take many years through trial and appeals. Mediation, Lok Adalats and early settlement can shorten this considerably.
Fees vary with the city, the type of work and the advocate's experience. Title checks and drafting are usually fixed fees; litigation is charged per stage or appearance. Court fee and stamp duty are separate. Ask for the fee in writing before engaging anyone.
No. Posting your property matter and getting a call from an enrolled advocate costs you nothing. If you engage the advocate, you agree the fee with them directly. Mara Vakil is a technology platform, not a law firm.
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