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Ownership rights on land can be acquired by succession, survivorship, inheritance, partition and purchase. Disputes can arise out of objections about validity of rights of owner/seller or eligibility of purchaser and breach of government rules and regulations to hold the land. The manner in which these disputes are dealt with, is very specific to theRead more

Easements or right of way is an owner’s or occupier’s right over other land, not his own, which allows them to enjoy their own property1. It includes the right to pass over the land of another person uninterruptedly to enjoy one’s own land. If there is obstruction of this right, you can sue for anRead more

If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it. Trespass: If someone enters your property:,  with the intention to commit an offence or to intimidate, insult or annoy you, or enters lawfully but remains there unlawfully, it can amount to criminal trespassRead more

If there is a dispute between owners who have land next to each other about the measurements of their plots, they can resolve it by getting assistance from the government surveyor to conduct a joint survey. The ownership documents and the information in the revenue records have to be looked into while settling such aRead more

Partition disputes refer to disputes around dividing the property of a Hindu Undivided Family as per the Hindu law of inheritance, i.e., Hindu Succession Act 1956.  There are two ways to resolve disputes about property partition: a family settlement agreement and a partition suit. Family Settlement Agreement A family settlement is a an agreement amongRead more

A will is a written document a person makes to describe how their assets and wealth are to be distributed among their descendants. The making and execution of wills is governed by the Indian Succession Act of 1925, which applies to allreligions except Islam. Drafting a last will and testament ensures that your property isRead more

When it comes to immovable property, inheritance refers to the transfer of a property’s ownership after the death of an individual. The ideal way to ensure smooth transfer of property ownership following someone’s death is through a will1.  However, if there is no will, i.e., an intestacy, law of inheritance applies to decide distribution ofRead more

The location of your property is one of the main considerations in deciding which court you should approach to file a suit about immovable property1. The court must have jurisdiction over the place where the disputed property is situated. If a property is located across jurisdictional boundaries of more than one court, the suit canRead more

Since land is considered to be one of the most important assets, the range of land-related disputes is huge. However, in this explainer, we will focus on the more common types of disputes, which include: Right of Inheritance DisputesPartition DisputesLand Measurement DisputesLand Encroachment and Boundary DisputesRight of Way DisputesLand Ownership DisputesRead more

In this explainer, we refer to various laws that govern the different types of property disputes. This includes the Code of Civil Procedure 1908, the Hindu Succession Act 1956, the Indian Succession Act 1925, Islamic personal laws, Indian Penal Code 1860, Indian Easements Act 1882, and the Right to Fair Compensation and Transparency in LandRead more

When the mortgage borrower is unable or unwilling to pay their equated monthly instalments (EMIs) under the terms of the loan three times consecutively, the lender has a right to acquire that property and either sell or lease it out1. Such foreclosed properties are auctioned off by the lenders and a ‘reserve price’ is setRead more

Yes. You can get a loan from the bank to purchase an immovable property by using the same property as the collateral/security. This practice is widespread when people buy residential properties in India. Home loans are generally approved on the basis that the prospective home is the collateral. Such loans fall under the definition ofRead more

Land and housing are valuable assets, and as an owner, you can choose to seek a bank loan by using the property as a collateral. A ‘collateral’ is a valuable asset that a borrower offers as an assurance against which they can secure a loan. If you are unable to repay the money, you mayRead more

Property insurance, in general, is of various kinds, depending on the property in question and the specifics of the insurance policy. Since it is a very vast category of General Insurance, the type of cover that you need depends upon the type of property you are seeking to cover. You should get a home insuranceRead more

You can approach the court to raise disputes over land and property for various reasons including claim on ownership, contestation over land acquisition, disagreement / disputes over real estate transactions, conflict over property inheritance, and misuse of rented property among others. There are different laws and procedures which explain how an individual can seek redressalRead more

A gift is a transfer of  movable or immovable property without consideration, i.e., without money. When a transfer of immovable property happens without any payment made while receiving such property, it is considered to be a gift. In such cases, the parties who give and receive property are known as Donor and Donee.  For aRead more

Property or land registration in India involves1:   paying stamp duty and the registration fee for sale deed, andhaving the documents legally recorded with the sub-registrar of the area where the property is located. At the time of registration, the authorised signatories of the seller and the purchaser have to be present along with two witnesses. StampRead more

The purpose of registering transfer of immovable property is to record the signing of the document. The ownership and transfer become legal only after registration, i.e. the ownership of the property is rightfully transferred only upon registration before the sub-registrar. Another significant benefit of paying registration fees and stamp duty is that the same areRead more

Yes, it is more beneficial to register an immovable property on a woman’s name, as many states and banks have introduced financial benefits for women buying property. As a result, buying property in a woman’s name can bring many advantages such as:  Lower stamp duty rates: States like Delhi1, Haryana2, Rajasthan3 and Uttarakhand4 have lowerRead more

If you are planning to sell a property, one of the most critical factors you must consider during the sale is the process of registering the transaction.  Registering the Sale Registering the transaction or sale is beneficial for both parties since it means that the government recognizes the transfer of property from the seller toRead more

To find the circle rates for a property, you can go to the respective state government’s website (usually the Department of Registration and Stamps). For example, in order to find circle rates in Delhi, you can visit https://eval.delhigovt.nic.in/ where you must select the area where your property is located, the type of deed, the typeRead more

One of the most critical aspects to consider when buying a land or house, is knowing whether: The price of the property is fair  Since land and property fall under State subjects as per the Constitution of India, laws and transactional rules vary depending on the state where the property is located. Depending on whereRead more

NRIs and PIOs can sell property in India in accordance with the Master Circular.1 An NRI can sell property in India to a person resident in India or an NRI or a PIO. A PIO can sell property in India to a person resident in India, an NRI or a PIO – with the priorRead more

Under the law, any person that is competent to enter into a contract i.e., who is 18 years old or above and is of sound mind, can sell an immovable property.1 There are specific rules for sale of property by NRIs and PIOs in India. However, for the sale of property to be legal, variousRead more

In order to transfer property to an unborn person, you must first transfer the property to a living person, which is usually done through the creation of a trust, until the unborn person comes into existence. This creates a vested interest in favour of the unborn person.1 For instance, if A is pregnant with aRead more

Any citizen of India aged 18+ is eligible to buy property in the country. However, certain states such as Maharashtra, Gujarat, Himachal Pradesh, Karnataka, North-eastern states like Assam, Nagaland, Sikkim, among a few others, restrict non-farmers from purchasing agricultural land. Under Indian law, an unborn person can also receive immovable property1.  If you’re a Non-ResidentRead more

Under Indian laws, immovable property includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.1 Due to the fact thatRead more

Every person has a right to file the following types of consumer complaints under consumer protection law: E-commerce complaints “E-commerce” means buying or selling goods or services (including digital products) over digital or electronic networks1. It includes the production, distribution, marketing, sale or delivery of goods and services by electronic means 2.  E-commerce entities, suchRead more

A complaint 1 about a product or service can be filed by 2 a number of persons under the law, such as: People who buy goods or use services for themselves or for their own work in exchange for a payment. 3 For example, if a person takes an Uber cab to work, they are aRead more

The Central Consumer Protection Authority has the power to penalize an individual or entity for violating consumer rights. This is ensured through various means such as fines, taking back the defective goods1, reimbursements for such goods/services2, or discontinuation of unfair trade practices3. Punishments for false or misleading advertisements The manufacturer, advertiser or endorser is liableRead more

Every complaint1 filed under the consumer protection law must be accompanied with a nominal fee that is payable in the form of a demand draft of a nationalized bank or through a postal order2, or in electronic form3. The fee structure based on the value of goods or services is given below4:    Fee payableRead more

Mediation1 is an out-of-court settlement where the parties can decide the manner of the proceedings. It helps the speedy settlement of disputes.  The Consumer Protection Act, 2019 has introduced the provision where the relevant Commission can refer a consumer dispute for mediation, when there is a scope of settlement between the parties2. However, parties toRead more

Consumers who are unaware of their rights are vulnerable to the marketplace. It is vital for consumers to be aware of their rights so that they can make choices confidently, and with due regard to their interests. Consumer Rights include, but are not limited to, the following ((Consumer Rights, Department of Consumer Affairs, accessed atRead more

Consumers can also complain against unfair trade practices involving digital and other products bought through e-commerce platforms and retailers. Any person who owns, operates or manages any digital or electronic platform offering goods or services for sale, is an e-commerce entity. An e-commerce entity is separately governed by e-commerce rules1 in India. These rules areRead more

Product liability refers to the responsibility of the product manufacturer or seller to compensate for the harm caused to the customer due to a defect in the product or deficiency in service1. The harm caused can include issues such as personal injury, mental distress, death, damage to property, breach of contract, etc2. For example, ifRead more