Track Your Request
Track Your Request
+91-7604047602 Our Team About Us Legal Blog Free Legal Advice Login
Menu
Vidhikarya Text Logo
arrow_back
Consult and get Expert Advice on Property Laws matters from the Property Lawyers in India.
{{ item.meta_value }}, {{ item.meta_key }}

Consult Property Lawyers in India

Vivek  Tanwar

Vivek Tanwar

Exp
Gurgaon , Haryana

Specialization

  • Property
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Sexual Harassment at Workplace
Rajendra   Prasad

Rajendra Prasad

Exp
Hyderabad , Telangana

Specialization

  • Property
  • Civil
  • Trust and Society (NGO)
  • Contracts And Agreements
  • Criminal
Rhea  Luthra

Rhea Luthra

Exp
East Delhi , Delhi

Specialization

  • Property
  • Commercial
  • Advertising
  • Consumer Protection
  • Criminal
Anik

Anik

Exp
Bangalore , Karnataka

Specialization

  • Property
  • Cyber, Internet, Information Technology
  • Anticipatory Bail
  • Consumer Protection
  • Mutual Consent Divorce
Total Answers Given : 22606
Prabhakara S K Shetty

Prabhakara S K Shetty

Exp
Bangalore , Karnataka

Specialization

  • Property
  • Family
  • Will
  • Domestic Violence
  • Divorce
Total Answers Given : 668
Munish  Goyal

Munish Goyal

Exp
Ludhiana , Punjab

Specialization

  • Property
  • Civil
  • Cheque Bounce
  • Criminal
  • Child Custody
Total Answers Given : 87
Jaswant Singh Katariya

Jaswant Singh Katariya

Exp
Gurgaon , Haryana

Specialization

  • Property
  • Civil
  • Divorce
  • Adoption
  • Consumer Protection
Total Answers Given : 15
Abhradip  Jha

Abhradip Jha

Exp
Kolkata , West Bengal

Specialization

  • Property
  • Criminal
  • Contracts and Agreements
  • Family
  • Divorce
Noel  D'Souza

Noel D'Souza

Exp
North Goa , Goa

Specialization

  • Property
  • Debt and Lending Agreement
  • Debt Collection
  • Civil
  • Criminal
Kishan  Dutt Kalaskar

Kishan Dutt Kalaskar

Exp
Bangalore , Karnataka

Specialization

  • Property
  • Criminal
  • Cheque Bounce
  • Divorce
  • Domestic Violence
Total Answers Given : 16697
Not Sure Whom to Consult ?
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • 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, Property Dispute 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.

Request a Callback


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for finding lawyers for any kind of legal services.

Not Sure Whom to Consult ?
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter
Get the Lawyer
for your Case

Read Blogs to get more Insights

Our Offices