Real Estate & Property Law
Services in India

In India, property ownership follows the principle of presumptive title rather than state-guaranteed title. This means registration of a sale deed does not by itself guarantee that the seller had flawless ownership. Comprehensive title verification investigates the chain of title over a minimum 30-year period, confirms that prior transfers were valid, verifies that no undisclosed mortgages, pending court attachments, tax arrears, or family inheritance disputes exist, and confirms that all statutory sanctions are in order. Conducting professional title due diligence prior to signing or paying an advance prevents severe financial loss and long-drawn litigation.

Key documents that must be reviewed include: (1) Primary Title Deed and successive Link Documents establishing ownership for at least 30 years; (2) Encumbrance Certificate (EC) issued by the Sub-Registrar showing registered transactions; (3) Revenue records including Patta, Khata certificate, and extract (such as 7/12 extract or Jamabandi depending on the state); (4) Approved layout and building sanctioned plans issued by the competent municipal authority; (5) Commencement Certificate and Occupancy/Completion Certificate (OC/CC); (6) RERA project registration details for newly developed projects; (7) Latest property tax receipts and utility clearance certificates; and (8) Non-Agricultural (NA) conversion orders where applicable.

A Sale Deed is the principal formal legal instrument governed by Section 54 of the Transfer of Property Act, 1882, through which ownership and absolute title in an immovable property are transferred from the seller (vendor) to the buyer (vendee) in consideration of a settled price. Under Section 17 of the Registration Act, 1908, a sale deed for immovable property valued at over ₹100 must be compulsorily registered before the jurisdictional Sub-Registrar with the payment of requisite state stamp duty and registration charges. An unregistered sale deed does not convey valid legal title.

Property ownership disputes can be resolved through judicial proceedings or alternative dispute resolution (ADR). In judicial proceedings, a party can institute a Civil Suit for Declaration of Title, recovery of possession, cancellation of forged instruments, and seek temporary or permanent injunctions under Order 39 of the Code of Civil Procedure (CPC) to prevent unauthorized alienation or construction. When disputes involve developers or delayed housing possession, complaints can be filed before the state RERA Authority for refund, interest, and compensation. Alternatively, structured mediation and family settlements can achieve legally binding compromises without prolonged court battles.

If a seller breaches an Agreement of Sale — for instance, by refusing to execute the sale deed, demanding an arbitrary price escalation, or attempting to sell the property to a third party — the buyer has effective legal remedies. Under the Specific Relief Act, 1963, the buyer can file a Suit for Specific Performance to compel the seller to execute the sale deed, provided the buyer demonstrates readiness and willingness to pay the agreed consideration. The buyer can also seek an interim injunction to restrain the seller from transferring or encumbering the property pending trial, or sue for refund of advances with damages and penal interest.

In India, tenancies are broadly categorized into Leases under the Transfer of Property Act, 1882, and Leave and License agreements. A lease exceeding 11 months requires compulsory registration and appropriate stamp duty under the Registration Act. Leave and license agreements grant a temporary right of occupancy without creating a tenancy right in the property, simplifying repossession upon term expiry. Essential covenants include definition of permitted use, security deposit terms, maintenance obligations, termination notice periods, lock-in clauses, and dispute resolution mechanisms. Model Tenancy Laws adopted by various states have established specialized Rent Authorities and Tribunals for speedy adjudication.

Yes. Any co-owner or coparcener with an undivided share in an ancestral or jointly inherited property has an absolute legal right to demand partition. Partition can be executed mutually through a registered Partition Deed or Family Settlement Agreement among all legal heirs. If co-owners do not consent or dispute individual shares, any co-owner can file a Partition Suit before the competent Civil Court. Under the Hindu Succession (Amendment) Act, 2005, daughters possess equal coparcenary rights by birth as sons. The court first determines individual shares via a preliminary decree, followed by physical demarcation or court sale via a final decree.