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Consult and get Expert Advice on Property Laws matters from the best Property Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.
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Consult Top Property Expert Lawyer in India

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Property
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Consult

anil reddy s

proproitor
Exp
Bangalore , Karnataka

Specialization

  • Property
  • Adoption
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
Consult

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Property
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile

Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Property
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
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Srinivasan Ellappan

Advocate, Madras high court
Exp
Chennai , Tamil Nadu

Specialization

  • Property
  • Government Contracts
  • Arbitration And Mediation
  • Tax-Service Tax
  • Administrative Law
An experienced and knowledgeable civil servant turned lawyer having immense experience in drafting Government contracts, experience in Arbitration,Tax and service matters. Rich experience in auditing major Public sector undertakings. Having rich knowledge in dealing matrimonial and property disputes View Full Profile
Total Answers Given : 10
Consult

Chandrashekhar Vithal Jadhav

Advocate & Legal Advisor
Exp
Bangalore , Karnataka

Specialization

  • Property
  • Civil
  • Adoption
  • Advertising
  • Animal Laws
Total Answers Given : 6
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Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Property
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
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Barun Ghosh

Sr. Lawyer , Sr. P.P. In-Charge
Exp
Kolkata , West Bengal

Specialization

  • Property
  • Adoption
  • Banking
  • Cheque Bounce
  • Child Custody
I am an individual lawyer with associates having background in finance law and accounts as Cost Accountant and dedicated to professional excellence, personal and high quality support and effective solution oriented advocacy with proper due diligence in litigated matters and also strategizing them. View Full Profile

Varun Dharap

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Property
  • Cheque Bounce
  • Child Custody
  • Civil
  • Consumer Protection
An ambitious lawyer and hard working person with a practical hands-on approach. Detailed oriented professional who always works to achieve the best results. View Full Profile

SEEMA HUNNURKAR

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Adoption
  • Intellectual Property, Copyright, Patent, Trademark
  • Documentation
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  • What is Property Law?
  • What are the Applicable Laws in Relation to Property?
  • Is Registration Compulsory while buying a property?

Property and resources govern the events of humanity. As per Montesquieu, ‘one would forget sooner the murderer of his father than the man who robbed him of his property’. Hence, there are well defined statutes governing interactions involving properties. The major legislation in this regard is Transfer of Property Act. For the scope of this article; Partition, Will, Intangible Property, Succession, etc. shall not be discussed as they are covered under specialised statutes and/or recognised legal practises.

What is Property Law?


Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon.

Laws applicable to Property related Matters?


  • Transfer of Property Act, 1882
  • Indian Easement Act, 1882
  • Registration Act, 1908
  • Stamp Act, 1988
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (at instances of land acquisition)
  • Indian Contract Act, 1872
  • Specific Relief Act, 1963 –Part II

What does Constitution of India Reveal about Property?


Initially, Right to Property was a fundamental right under the Constitution in the form of- Article 19(f) which spoke about the right to acquire, hold and dispose of property, subject to reasonable restrictions & Article 31 which, as originally enacted, said that no person shall be deprived of his property except by authority of law. Forty Fourth Amendment to the Constitution of India, deleted Article 19(1)(f) and Article 31[Article 300-A is now the provision regarding right to property]. The current position of the Supreme Court on interpretation on the right to property can be gleaned from one of the few direct judgements on property after the 44th Amendment, particularly the case of ‘Jilubhai Nanbhai Khachar Etc. v. State of Gujrat And Anr. Etc.’. This case dealt with mines taken by the State under legislated laws from erstwhile revenue farmers and upheld the right of the State to do so under Article 300-A, not entertaining any discussion on adequacy of compensation. Among other things, it is unequivocally held that the right to property under Article 300-A is not a “basic feature or structure of the Constitution” and that the Legislature has power to acquire the property of private person exercising the power of eminent domain by a law for public purpose.

What are the Basic Principal of Property Law?


  • Immovable property does not include standing timber, growing crops or grass as per Section 3 of the Act.
  • Suresh Chand v. Kundan, 2001 – a portion of land with saplings in it was sold. The seller later argues that the objection was to sell land without trees, and asked for a type of compensation for the extra gain which the other party is getting. Court held that in absence of any express/implied intention in the agreement, it would be taken that the land along with saplings standing on the land which subsequently grown into trees were sold.
  • At instances of conflict between Muslim Law & Transfer of Property Act, it is the Muslim Law which shall have prominence.
  • Future properties cannot be transferred, for example, Spes Successionis is a void transfer
  • K. Muniswamy v. K. Venkataswamy – on grounds of sound public policy, total restraint on the right of alienation in respect of immovable property which prevents free circulation is to be held void.
  • Section 108 of the TRANSFER OF PROPERTY ACT, 1882 enumerates the rights & liabilities of lessor & lessee.

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