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
