Our Expertise
- Property Title Verification
- Builder & RERA Complaints
- Partition Suits
- Landlord-Tenant Disputes
- Property Documentation
Understanding Property Law in India
Property law in India governs the acquisition, ownership, and transfer of immovable property. Various central and state laws regulate real estate transactions and disputes.
| Aspect | Details |
|---|
| Key Laws | Transfer of Property Act, 1882; Registration Act, 1908 |
| RERA | Real Estate (Regulation & Development) Act, 2016 |
| Limitation | 12 years for possession suits |
| Registration | Mandatory for property above Rs. 100 |
| Stamp Duty | Varies by state (Delhi: 4-6%) |
Types of Property Disputes
| Dispute Type | Description |
|---|
| Title Disputes | Ownership and title claims |
| Possession Disputes | Illegal occupation, eviction |
| Partition Disputes | Division of joint/family property |
| Boundary Disputes | Encroachment, demarcation issues |
| Builder Disputes | Delayed possession, defects, RERA |
| Landlord-Tenant | Rent, eviction, lease issues |
| Inheritance Disputes | Succession, will contests |
Our Property Law Services
Transaction Services
| Service | Description |
|---|
| Title Verification | 30-year title search and report |
| Due Diligence | Complete property verification |
| Agreement Drafting | Sale deed, lease, mortgage |
| Registration | Property registration assistance |
| Loan Documentation | Mortgage and loan papers |
Litigation Services
| Service | Description |
|---|
| Partition Suits | Division of joint property |
| Possession Suits | Recovery of possession |
| Injunction | Restraining orders |
| Specific Performance | Enforce sale agreements |
| Title Declaration | Establish ownership rights |
RERA & Builder Services
| Service | Description |
|---|
| RERA Complaints | File complaints against builders |
| Delayed Possession | Compensation claims |
| Defect Claims | Construction defects |
| Refund Cases | Project cancellation refunds |
| Builder Agreement Review | Protect buyer interests |
Essential Property Documents
For Property Purchase
| Document | Purpose |
|---|
| Sale Deed | Proof of ownership transfer |
| Title Deed | Chain of ownership |
| Encumbrance Certificate | 30-year liability search |
| Mutation Certificate | Revenue records update |
| Approved Building Plan | Construction approval |
| Completion Certificate | Building completion proof |
| Occupancy Certificate | Habitation approval |
For Verification
| Document | What to Check |
|---|
| Allotment Letter | Original allotment details |
| Possession Letter | Handover confirmation |
| Property Tax Receipts | Owner name, dues clearance |
| Utility Bills | Name matching, no dues |
| NOC from Society/RWA | For registration |
| Mortgage Documents | Loan status, release |
Title Verification Process
| Step | Action | Documents |
|---|
| 1 | Search | Collect all title documents |
| 2 | Chain | Verify ownership chain (30 years) |
| 3 | Encumbrance | Check for loans, liens, charges |
| 4 | Litigation | Search for pending cases |
| 5 | Physical | Site inspection |
| 6 | Revenue | Verify mutation records |
| 7 | Report | Prepare title search report |
Property Registration Process
| Step | Stage | Timeline |
|---|
| 1 | Agreement Drafting | 1-2 days |
| 2 | Stamp Duty Payment | Same day |
| 3 | Document Execution | Appointment date |
| 4 | Biometric Verification | At Sub-Registrar |
| 5 | Registration | Same day |
| 6 | Certified Copy | 7-15 days |
Stamp Duty in Delhi
| Category | Rate |
|---|
| Male Owner | 6% |
| Female Owner | 4% |
| Joint (Male + Female) | 5% |
| Registration Fee | 1% |
RERA Complaints
Under Real Estate (Regulation & Development) Act, 2016:
When to File RERA Complaint
| Ground | Description |
|---|
| Delayed Possession | Beyond agreed date |
| False Promises | Misleading advertisements |
| Structural Defects | Within 5 years of possession |
| No RERA Registration | Unregistered project |
| Agreement Violations | Breach of terms |
RERA Remedies
| Relief | Description |
|---|
| Refund with Interest | Full amount + interest |
| Possession + Compensation | Delayed possession damages |
| Defect Rectification | Repair structural defects |
| Penalty on Builder | Up to 5% of project cost |
Partition of Property
Types of Partition
| Type | Description |
|---|
| By Agreement | Mutual consent partition |
| By Court | Suit for partition |
| By Will | Testamentary partition |
Partition Suit Process
| Step | Stage | Timeline |
|---|
| 1 | Filing Suit | Plaint with court fee |
| 2 | Summons | Notice to co-owners |
| 3 | Written Statement | Response by defendants |
| 4 | Evidence | Document and oral evidence |
| 5 | Preliminary Decree | Shares determination |
| 6 | Final Decree | Actual division/sale |
Landlord-Tenant Matters
Delhi Rent Control Act
| Aspect | Provision |
|---|
| Applicable Rent | Below Rs. 3,500/month (old) |
| Eviction Grounds | Non-payment, personal need, misuse |
| Rent Increase | 10% every 3 years |
| Forum | Rent Controller |
Common Issues
| Issue | Legal Remedy |
|---|
| Non-Payment | Eviction petition |
| Illegal Subletting | Eviction grounds |
| Personal Need | Eviction with conditions |
| Rent Enhancement | Rent controller application |
| Security Deposit | Recovery suit |
Lost Property Documents
If you’ve lost your property documents:
| Step | Action | Timeline |
|---|
| 1 | File FIR | Immediately |
| 2 | Newspaper Notice | Public notice (2 newspapers) |
| 3 | Wait Period | 15 days for objections |
| 4 | Indemnity Bond | On stamp paper |
| 5 | Apply for Duplicate | To Sub-Registrar |
| 6 | Receive Copy | 15-30 days |
Property Fraud Prevention
Red Flags to Watch
| Warning Sign | Action |
|---|
| Unclear Title | Get legal verification |
| Pending Litigation | Check court records |
| Multiple Claims | Verify all claimants |
| Forged Documents | Expert verification |
| Encumbrance | EC from 30 years |
| Unauthorized Construction | Check building plan |
Prevention Tips
| Tip | Description |
|---|
| Title Search | Mandatory 30-year search |
| Physical Inspection | Visit property multiple times |
| Verify Seller | Check ID, address proof |
| RERA Check | Verify project registration |
| Legal Review | Get agreement reviewed |
| Original Documents | Verify originals before payment |
Frequently Asked Questions
Q: How long does it take to resolve property disputes?
A: Property disputes can take 3-10 years depending on complexity. Partition suits take 5-7 years typically. RERA complaints are resolved within 60 days. Mediation can resolve disputes faster.
Q: What is the limitation period for property disputes?
A: For possession suits, it’s 12 years from dispossession. For declaration of title, 3 years. For specific performance, 3 years from when performance was due. For partition, no limitation among co-owners.
Q: Can I claim ancestral property?
A: Yes, you have a birthright in Hindu ancestral property. However, property self-acquired by parents is not ancestral and can only be transferred by will. The Hindu Succession Act governs succession rights.
Q: What if builder delays possession?
A: You can file a RERA complaint seeking refund with interest, or possession with compensation. Under RERA, builders must pay interest for delay at SBI’s highest lending rate + 2%.
Q: Is property registration mandatory?
A: Yes, registration is mandatory for property above Rs. 100 under the Registration Act, 1908. Unregistered documents cannot be used as evidence of title in court.
Q: How to verify property before buying?
A: Conduct title search (30 years), check encumbrance certificate, verify approved plan, check for litigation, inspect physically, verify RERA registration for new projects, and get legal opinion.
Why Choose Us for Property Matters?
| Benefit | Description |
|---|
| Title Expertise | Thorough title verification |
| Court Experience | Regular practice in property courts |
| RERA Knowledge | Experienced in RERA proceedings |
| Documentation | Expert drafting services |
| Local Knowledge | Understanding of Delhi property laws |
| End-to-End Service | From verification to registration |
Our Approach
| Step | What We Do |
|---|
| 1 | Document Review - Analyze all property papers |
| 2 | Title Search - 30-year ownership verification |
| 3 | Legal Opinion - Written report on title |
| 4 | Negotiation - Assist in price negotiation |
| 5 | Documentation - Draft and review agreements |
| 6 | Registration - Complete registration process |
Our experienced property lawyers in Delhi can help you with:
- Title Verification: Complete due diligence
- Property Disputes: Litigation and resolution
- RERA Complaints: Builder issues
- Documentation: Sale deed, lease, mortgage
- Registration: End-to-end assistance
Property Concerns?
Whether buying, selling, or facing a dispute, get expert legal assistance to protect your property rights. Contact us for comprehensive property law services.
Disclaimer: Property laws vary based on location and specific circumstances. This information is for general guidance only. Consult our lawyers for advice tailored to your specific property matter.
