Practice Areas
General information on property disputes, ownership and title, partition, possession, injunction, sale agreements, specific performance, RERA, builder-buyer disputes, landlord-tenant matters, lease and leave & licence, wills, succession, cooperative housing society matters, NRI property and related proceedings before Civil Courts, RERA, NCLT and High Courts in India.
Property and real estate law in India covers ownership and title, partition, possession, injunction, sale agreements, specific performance, RERA, builder-buyer disputes, landlord-tenant matters, lease and leave & licence arrangements, wills and succession, cooperative housing society issues, NRI property and related statutory and civil proceedings. These matters are commonly dealt with before Civil Courts, RERA, NCLT and High Courts, with remedies and procedures depending on the applicable law and the specific facts.
Ownership, title, chain of title, mutation, sale, gift, exchange, transfer, title disputes and related proceedings.
Transfers of immovable property are governed by the Transfer of Property Act, 1882 and the Registration Act, 1908; title disputes are generally decided by civil courts.
Partition suits, ancestral property, joint ownership, family settlements and related disputes.
Rights in ancestral and joint family property depend on the applicable personal law, including the Hindu Succession Act, 1956 as amended in 2005.
See also: partition among legal heirs.
Possession suits, injunctions, declaration of title and protection of property rights, encroachment and unauthorised occupation.
Civil remedies for possession, declaration and injunction are governed by the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908.
See also: Civil Litigation & Court Proceedings.
Agreement to sell, sale deed, specific performance, cancellation and related contractual disputes.
Disputes under agreements to sell may involve claims for specific performance, refund of consideration or cancellation of instruments.
RERA registration, complaints, delayed possession, refund, deficiency in service and other RERA-related issues.
The Real Estate (Regulation and Development) Act, 2016 provides for registration of projects and complaints before the State RERA Authority and Appellate Tribunal.
Construction defects, delayed possession, compensation, refund, project completion and related disputes under RERA and other forums.
Homebuyers may have remedies before RERA, Consumer Commissions or, in insolvency situations, before the NCLT, depending on the facts.
See also: consumer law, insolvency proceedings.
Tenancy disputes, rent matters, eviction proceedings, rent control laws and commercial premises.
In Delhi, eligible tenancies may be governed by the Delhi Rent Control Act, 1958; others are governed by the Transfer of Property Act and general civil law.
Lease agreements, leave and licence, renewal, termination and related disputes for residential and commercial properties.
The distinction between a lease and a licence affects the rights of the parties and the remedies available on termination.
Wills, probate, succession, inheritance and property disputes among legal heirs.
Property consequences of inheritance — title, mutation and possession — are addressed here; succession concepts are covered on the succession page.
See also: Wills, Probate, Succession & Inheritance.
Membership, transfer, share certificate, succession, elections, society disputes and Registrar of Co-operative Societies matters.
In Delhi, co-operative group housing societies are governed by the Delhi Co-operative Societies Act, 2003 and the Registrar of Co-operative Societies.
See also: Cooperative Housing Society Matters.
NRI property ownership, sale and purchase, power of attorney, inheritance by NRIs and cross-border property matters.
NRIs and OCIs may hold and transfer property in India subject to FEMA regulations; matters are often handled through registered powers of attorney.
See also: NRI inheritance.
Title search, due diligence, property verification, mutation, registration and related proceedings before Civil Courts, RERA, NCLT and other forums.
Due diligence typically involves verification of title documents, encumbrances, approvals, mutation and revenue records.
Dr. Anand Duggal is an Advocate registered to practise in India. This website contains general professional, legal-awareness and informational material. Information concerning foreign laws, visa systems, immigration or citizenship processes is provided for general informational purposes and does not imply admission, authorisation or entitlement to practise law in any foreign jurisdiction. Nothing on this website should be construed as advertising, solicitation or a guarantee of any legal or other outcome.