This is the category page of Property Laws in India which falls in the category of civil law. The property laws in India regulate the acquisition, ownership and transfer of property. These laws are enacted to safeguard the rights of property owners and other concerned parties. Previously, the Right to property was a fundamental right of Indian citizens under Article 19 (1) (f) of the Constitution of India but this was repealed in 1978. To discourage the zamindari system in India and to ensure the redistribution of land to the landless people in India, Article 300A was inserted in the Constitution of India.
The Transfer of Property Act, 1882 is the cornerstone legislation that governs the transfer of property i.e. sale, gift, exchange, mortgage, lease, will, etc. It lays down all the guidelines which are necessary for a valid transfer such as registration, the requirement of a written instrument, etc. The TPA outlines the rights and liabilities of parties involved in the transfer of property. The Registration Act, 1908 lays down the provisions regarding the need to register certain documents relating to immovable property. The Registration Act maintains transparency and prevents disputes as it keeps all the records relating to properties. The registration is valid evidence of the ownership of the property.
The Indian Succession Act 1925 and the Hindu Succession Act, 1956 govern the inheritance of property i.e. distribution of a person’s property after his death. It lays down the rules of inheritance and classifies various classes of heirs for inheritance. To regulate the relationship between the landlords and the tenants, there are tenancy laws in India which lays down the rights and liabilities of both parties. The Rent Control Acts of various states regulate the rental market and lay down provisions for rent increases and eviction of the tenant. Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced to bring transparency and accountability to the real estate sector. The Land Acquisition laws are enacted to outline the process for acquiring private land by the government for public purposes.
Foreigners are often interested in owning (buying) property in India, a country with a rich cultural heritage and a booming real estate market. However, the laws and regulations surrounding property ownership in India can be complex and confusing, especially for those who are not familiar with the country’s legal system. I am Supriya Gill, a … Read more
This post of mine is about the Sale under Transfer of Property Act, 1882 (Section 54). Sale is a mode of transfer for immovable property under the Transfer of Property Act,1882. The Act provides provisions for the sale of immovable property only. The sale of movable property is given under Sales of Goods Act,1930. Section … Read more
This Article analyses Section 14 of the Transfer of Property Act, which is about the Rule against perpetuity, the objective of the section and the exceptions. Introduction According to Section 14 of the Transfer of the Property Act,1882, there must be no transfer of property which is to take effect after the lifetime of one … Read more
The article analyses Section 13 Of The Transfer Of Property Act (TPA). What Is Section 13 Of The Transfer Of Property Act (TPA)? Section 13 acts as the exception of Section 5 of the Transfer of Property Act. According to Section 5, the transfer is between the living persons only, i.e, inter Vivos. But Section … Read more
There are various personal laws in the context of inheritance and succession. There is no uniform law in India relating to inheritance. Here in this article, I am going to write about the rights of grandchildren (as both grandson and granddaughter have equal rights) in grandfather”s property belonging to Hindu family depending upon the type … Read more
In this article, I will be sharing every piece of information about the differences between a gift deed and a settlement deed. A gift deed is a deed in which the owner of property transfers the ownership of the property to family, friends, relatives or others voluntarily who does not have any ownership right on … Read more