Indian property law spans more statutes than any other field — the Transfer of Property Act 1882, Registration Act 1908, state-specific Rent Control Acts, the Real Estate (Regulation and Development) Act 2016 (RERA), the Indian Stamp Act 1899, Benami Property Transactions Act, and state Land Reforms and Land Ceiling Acts. Every transaction involves at least three regulators (Sub-Registrar, Municipal Corporation, RERA Authority), and the wrong choice between a sale deed and an agreement to sell can cost lakhs in stamp duty or leave you without title.
This section covers tenancy and eviction disputes, RERA complaints against builders for delayed possession, stamp duty calculation across states, the difference between sale deed and agreement to sell (post Suraj Lamp v. State of Haryana), adverse possession after 12 years on private land (30 on government land), NRI and foreigner purchase restrictions under FEMA, agricultural land restrictions (and the 2020 reforms in Karnataka and Telangana), property tax disputes, and inheritance through Hindu, Muslim, Christian and Parsi personal laws. Each answer cites the specific statute section, current circle and ready-reckoner rates, and the relevant Supreme Court ruling. Where state-by-state differences matter, we flag them. For high-value transactions, engage a specialised property lawyer alongside these guides.
Send a formal legal notice under your state's Rent Control Act demanding arrears, and if unpaid, file an eviction petition before the Rent Controller or Civil Court. Self-help eviction is illegal.
Loud noise — especially between 10 PM and 6 AM — violates the Noise Pollution (Regulation and Control) Rules, 2000. Call 112, complain to the police or file a public nuisance complaint under the BNS.
Blocking your gate is wrongful restraint under Section 126 of the BNS, 2023. You can complain to the traffic police, file an FIR or sue for a permanent injunction in a civil court.
No. Self-help eviction is illegal under Section 6 of the Specific Relief Act, 1963. You must obtain an eviction decree from the Rent Controller or Civil Court.
Under Section 18 of RERA, 2016, if the builder fails to deliver possession on the promised date, you can withdraw and claim a full refund with statutory interest (typically SBI MCLR + 2%).
Mutation ('dakhil-kharij') is the official update of property ownership in municipal or revenue records. It is essential for property tax, utility connections and future resale.
Try internal grievance first, then approach the Registrar of Cooperative Societies or the Cooperative Society Tribunal. For builder-owned societies, RERA also has jurisdiction over RWA disputes.
Yes. Under Section 14(3) of RERA, 2016, the builder is liable for any structural defect for 5 years from possession, and must repair them within 30 days at no charge.
An Encumbrance Certificate (EC) is a record of all registered transactions affecting a property — sales, mortgages, leases. Obtain it from the Sub-Registrar's office or your state's online portal for ₹50-₹500.
Execute a Gift Deed under Section 122 of the Transfer of Property Act, 1882, register it at the Sub-Registrar's office, and pay stamp duty (1-7% depending on state and relationship).
Negotiate a Partition Deed if all co-owners agree; otherwise file a Partition Suit in the Civil Court. The court will pass a preliminary decree, then a final decree allocating specific shares.
Stamp duty is a state-levied tax on property transactions, ranging from 3% to 8.5% of property value depending on the state, gender of buyer, and property type. Calculated on the higher of declared consideration and the state's circle rate / ready reckoner rate.
Sale agreement records the intent to sell — creates only a contractual right, not ownership. Sale deed actually transfers ownership upon registration under Section 54 of the Transfer of Property Act, 1882. Always insist on registered sale deed for ownership.
Adverse possession allows a person who has openly, continuously, peacefully, and hostilely possessed someone else's land for 12 years (private land) or 30 years (government land) to claim ownership. Governed by Articles 64-65 of the Limitation Act, 1963.
Varies by state — many states (Maharashtra, Karnataka, Gujarat, Telangana, Madhya Pradesh) restrict agricultural land purchase to existing farmers or impose income/holding caps. Telangana and Karnataka removed restrictions in 2020. NRIs cannot purchase agricultural land under FEMA.
Reference:Foreign Exchange Management Act, 1999; RBI Master Direction — Acquisition and Transfer of Immovable Property under FEMA; state-specific Land Reforms Acts and Land Ceiling Acts; Samatha v. State of A.P., (1997) 8 SCC 191
File an objection with the municipal corporation within the prescribed time (typically 30-90 days), produce evidence of correct valuation, attend personal hearing, and appeal to the Property Tax Tribunal / Appellate Authority if needed. Most municipalities allow online disputes now.
A landlord can only retain a security deposit to cover actual, documented losses — unpaid rent, damage beyond fair wear and tear, or deductions explicitly permitted in the tenancy agreement. If you found replacement tenants whose deposits have already been collected by the landlord, retaining your original deposit in addition is unjust enrichment and has no legal basis. Send a demand notice and, if unpaid, pursue recovery through a consumer complaint or civil suit.
Once you sign a rental agreement and pay rent, the flat is your residential premises under Article 21 (right to privacy). A landlord generally CANNOT restrict legal personal life choices — guests, live-in partners, pets — except via specific reasonable lease clauses agreed at signing. Unreasonable restrictions are void as unfair contract terms (Section 2(46) Consumer Protection Act, 2019). Society bye-laws can override in limited ways.
Reference:Constitution of India (Article 21); K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1; S. Khushboo v. Kanniammal, (2010) 5 SCC 600; Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755; state Rent Control Acts; Model Tenancy Act, 2021; Consumer Protection Act, 2019
Stamp duty in Maharashtra is 5% for male buyers and 4% for female buyers of the higher of market value or agreement value. A 1% metro cess applies within Mumbai's BMC limits. Registration charges are 1%, capped at ₹30,000. Total outlay in Mumbai is typically 6–7% of the purchase price.
Stamp duty in Delhi is 6% for male buyers, 4% for female buyers, and 5% for joint male-female purchase. Registration charges are 1% of the transaction value with no cap. Total outlay is typically 7% for men and 5% for women in Delhi.
Stamp duty in Karnataka is 2% for properties up to ₹20 lakh, 3% from ₹20–45 lakh, and 5% above ₹45 lakh. A 10% surcharge on stamp duty applies within BBMP/BDA limits in Bengaluru, making the effective rate about 5.5%. Registration charges are 1%. Total outlay for a typical Bengaluru flat is around 6.5%.
Stamp duty in Tamil Nadu is 7% of the guideline value or sale price (whichever is higher). Registration charges are an additional 4% of the guideline value, with no cap. Tamil Nadu's combined cost is among the highest in India — typically 11% of the property value. There is no gender-based concession.
Tenant eviction in Maharashtra is governed by the Maharashtra Rent Control Act, 1999 (MRCA) for tenancies within the rent threshold. Grounds include non-payment, subletting, nuisance, and bona fide personal use. The process runs through the Rent Authority (Court of Small Causes in Mumbai) and typically takes 1–3 years. Modern residential rentals use leave and licence agreements under Section 24 of MRCA — which offer landlords a faster recovery route.
Eviction in Delhi depends on which law governs the tenancy. The Delhi Rent Control Act, 1958 (DRCA) applies only where the standard rent is ₹3,500/month or less — covering very few modern properties. Most Delhi rentals fall under the Transfer of Property Act, 1882 (TPA), where eviction requires a termination notice then a civil suit for possession.
Tenant eviction in Karnataka is governed by the Karnataka Rent Act, 1999 for premises where monthly rent does not exceed ₹3,500/month. Above that threshold, the Transfer of Property Act, 1882 applies. Most modern Bengaluru rentals fall under TPA. Eviction under TPA requires a legal notice + civil suit; eviction under the Rent Act goes through the Rent Controller.
Tenant eviction in Tamil Nadu is governed by the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (TNLRCA). Unlike other states, Tamil Nadu's Act applies broadly — there is no low monthly-rent threshold. Eviction requires an order from the Rent Controller (Sub-Court / Munsiff Court). The TNLRCA is tenant-friendly and contested evictions can take 2–5 years.
MahaRERA is India's most active RERA authority. Complaints are filed at maharera.maharashtra.gov.in. Filing fee is ₹5,000 (residential) and ₹10,000 (commercial). MahaRERA handles delayed possession, defects, false representations, and refunds. Delay interest is at SBI MCLR + 2%. Orders are typically passed within 60–90 days of the first conciliation hearing.
Delhi RERA handles complaints for projects registered in Delhi NCT. Complaints are filed at rera.delhi.gov.in. Filing fee is ₹1,000 for individual homebuyers. Important: many projects marketed as 'Delhi NCR' are under Haryana RERA (Gurugram, Faridabad) or UP RERA (Noida, Ghaziabad) — not Delhi RERA. Confirm your project's registration before filing.
K-RERA (Karnataka Real Estate Regulatory Authority) handles complaints for Karnataka projects. File online at rera.karnataka.gov.in. Filing fee is ₹1,000 for individual allottees (₹2,500 for associations). K-RERA covers all Karnataka districts including Bengaluru, Mysuru, Hubballi, and Mangaluru. Delay interest is at SBI MCLR + 2%. Hearings are scheduled within 3–6 months for straightforward matters.
TNRERA (Tamil Nadu Real Estate Regulatory Authority) handles complaints for Tamil Nadu projects. File online at tnrera.in. Filing fee is ₹1,000 for individual allottees. TNRERA covers Chennai, Coimbatore, Madurai, and all Tamil Nadu districts. Delay interest is at SBI MCLR + 2%. TNRERA also adjudicates disputes for pre-2017 apartments registered under the Tamil Nadu Apartment Ownership Act, 1994.
Reference:Real Estate (Regulation and Development) Act, 2016 (Sections 14, 18, 31, 40); Tamil Nadu Real Estate Rules, 2017; Tamil Nadu Apartment Ownership Act, 1994; tnrera.in
