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

Get Expert Advice Online
from Top Muslim Laws Lawyers
in India

Read Blogs to get more Insights

Laws Related to Registration of Property Transacti...

In the case of immovable property, mandatory registration of property purchase and sale documents are essential ensuring proof of ownership, fraud prevention and assurance of title.Under The Indian Registration Act, there is legislation for property registration in India known as the law of registration of documents that makes it a mandatory requirement to register key documents for the recording of evidence, fraud prevention and assured title transfer. Property Documents Necessitating Mandatory RegistrationRegistration of property or property registration in India in accordance with Section 17 of the Registration Act, 1908, is mandatory in case of transactions involving immovable property sale for an amount in excess of Rs. 100. What this essentially means is that all immovable property sale transactions must be registered since a mere Rs. 100 cannot possibly be the purchase price of immovable property. Furthermore, a gift of immovable property, as well as lease for a period in excess of 12 months are essentially transactions that require registration.In special circumstances, if any of the parties to the transaction is unable to be physically present at the sub registrar's office, then, in that case, any of its officers may be deputed by the sub-registrar for acceptance of the registration documents at the buyer’s residence. Included in ‘immovable property’ are land, buildings and any attached rights to these classes of properties.Procedure and Documents Required for Registration of PropertyAs registration of property documents are mandatory it's worth knowing what the procedure for registration of property entails. Firstly, the documents have to be submitted to the office of the Sub-Registrar of Assurances within the jurisdiction of the location of the transferrable property by the property lawyer. Thereafter both the authorized signatories of the seller and the purchaser, need to be physically present with their proof of identities including Aadhar card, PAN card or any other government authority issued ID proof along with two witnesses, for the purpose of registration of property documents.All designated authorized signatories ought to produce the power of authority if in case they are representing someone on their behalf.  If however, in the case of a company the company is one of the parties in the agreement, the company representatives ought to have all necessary documents with them including the letter of authority, and along with that a copy of the company board’s resolution granting authority to execute the registration. The designated authorized signatory ought to show the property card to the sub-registrar and in addition to that all original documents and proof that stamp duty has indeed been paid. Prior to registration of property documents, verification would be done by the sub-registrar as to whether or not the required stamp duty for the property has been paid, according to the ready reckoner for stamp duty.  Any deficit in the stamp duty would result in the registrar declining registration of property documents. Time Limit and Fees to be Paid for Property Registration ?All documents that need mandatory registration ought to be presented by the property lawyer no later than 4 months from their execution date along with the prescribed fee. In the case of expiry of the time limit, an application can be made to the sub-registrar to condone the delay, and that with an extension of time of another 4 months the registration of property documents would be submitted to the sub-registrar within that time. The registrar may consent to register documents that missed the registration deadline for a hefty fine of up to ten times the actual registration fee. For the registration of property documents, the fee is 1% of the property’s value, capped at Rs 30,000.Previously, presenting registration of property documents for registration of property would result in returning the documents to the sender after six months. Nonetheless, with the sub registrar's offices being computerized, the documents with the registration number and proof that the registrar has indeed completed the registration are first scanned and then returned to the sender on the very same day.Consequences of Non-registration of PropertyIf the property purchase agreement remains unregistered then it could be very risky for the buyer of the property. Since it’s mandatory for all documents to be registered but if they remain unregistered then those unregistered documents cannot be presented as proof in a lawsuit.  

Posted By

Avik Chakravorty

23 hours ago

How to File for Mutual Consent Divorce: Step by St...

According to the Indian Legal system, the divorce procedure or process of divorce basically starts as soon as the divorce petition is filed. The way the divorce procedure in India in its entirety works is with the initiation of the filing of the divorce petition by either party to the divorce suit and serving of notice to the other party.If the relationship between the parties has hit rock bottom and both the spouses have jointly made a decision to split according to the law of the land, then either party can initiate ‘mutual divorce’ according to the Hindu Marriage Act, 1955. Either party can file for divorce even if any one of the parties is unwilling to file for divorce and is widely known as ‘contested divorce’. How to file for Mutual Consent Divorce?Section 13B of the Hindu Marriage Act, 1955 is related to the provision of mutual consent divorce and there is a preset divorce procedure to file for a mutual consent divorce mentioned in section 13B. To file a mutual consent divorce petition there is certain steps/procedure to follow as well as requirements that need to be fulfilled and they are as follows: 1. Filing a petition First and foremost, both spouses have to seek a decree of divorce by presenting a joint petition for dissolution of marriage to the family court through a divorce lawyer based on the fact that they have been living apart for a period of a year or more. They may also disclose that living together as couples did not come to fruition and therefore there has been a mutual agreement for dissolution of the marriage. Both parties would have to sign the petition.  2. Appearing before Court and scrutiny of the petition Both parties would have to be present at the family court with their respective divorce lawyer after the petition has been filed. What the court would do is analyze the petition with all the filed documents. The court may even try and reconcile any differences or patch up the strained relations among the parties, although if it's irreconcilable then the divorce case would continue until it reaches its logical conclusion.  3. Order for the recording of statements on oath After the court analyses the petition and it's satisfactory the courts may order the statement of the parties to be recorded under oath. 4. Order on First Motion and elapsing of a period of 6 months prior to Second Motion With the recording of the statements, the court passes an order on the first motion. After this step, a 6 months’ time period is allotted to both parties to divorce prior to filing the second motion. The maximum time period for the filing of a second motion is 18 months from the date the divorce petition is presented in the family court by a divorce lawyer, the only exception being withdrawing the petition unless the petition is withdrawn meanwhile.5. Second Motion and Final Hearing of the MatterWith the decision made to forge ahead with the divorce procedure and be present for the second motion, they can certainly do so and get on with the final hearing. Involved in this step are parties being physically present and statements recorded at the Family Court. Recently, though, the Supreme Court has upheld that the 6 months’ time period that the parties get can be waived off if the courts so wish to. Therefore, in instances of parties genuinely settling their marital issues including alimony, custody of the child or any other pending issues among the parties the cooling-off period of 6 months can be waived off if the courts decide that the waiting period of 6 months would only make them more miserable. Within the period of 18 months, if the second motion is not made, the court will not order any decree of divorce. It's an established law that consent can be withdrawn by either party at will prior to the courts ordering of the decree.6. Decree of Divorce?Both parties in a mutual consent divorce would have to be consenting to get a divorce fair and square without any bone of contention between the parties about alimony, child custody, maintenance, property, and so on. Therefore, a comprehensive agreement among the parties is required for the marriage to be dissolved. After the trial if the court is convinced about the truthfulness of what has been alleged in the petition and that there isn’t an iota of the probability of reconciliation or cohabitation, the courts would then pass a decree of divorce making the divorce final and declaring the marriage as dissolved according to the facts and situations of the case. You may have been unsure as to how to file for divorce or what the exact steps are. However, after reading this blog you would be more informed of the divorce procedure. So, go ahead and retain a good divorce lawyer to get a divorce. 

Posted By

Avik Chakravorty

2 days ago

{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Muslim Lawyers in India

c145ced7ac4ad8d7f029e0f25bd83fed.webp

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Muslim Laws
  • Divorce
  • Domestic Violence
  • Family
  • Bankruptcy And Debt
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1168
c5f69fa97eb44e3f6a1132d27dcd1eba.jpg

Prahallad Rana

ADVOCATE
Exp
Thane , Maharashtra

Specialization

  • Muslim Laws
  • Civil
  • Family
  • Registration
  • Tax-Property Tax
Adv. Rana & Associates in Vasai West. It is known to provide top service in the following categories: Lawyers, Lawyers For Criminal, Lawyers For Divorce Case, Lawyers For Property Case, Lawyers For Conveyancing, Lawyers For Dowry Case, Lawyers For NCLAT, Lawyers For Bankruptcy. View Full Profile
0ab7017c78e12d6b5b7e74869a00ea9d.jpg

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Muslim Laws
  • 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
58c37e39fae26a32f8bcb2a2a9b03d4c.jpg

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Muslim Laws
  • Cheque Bounce
  • Sex Crime
  • Family
  • Animal Laws
What I want, I achieve View Full Profile
Total Answers Given : 2
c7e851ef0eb9c340ffc73f706c106a4f.jpg

Jamal Sait

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Muslim Laws
  • Cheque Bounce
  • Civil
  • Criminal
  • Bankruptcy and Debt
I am an Advocate practicing primarily before Hon'ble High Court of Karnataka and courts sub-ordinate to it. My specialization is in both criminal, famil and civil law. I have independently argued various nature of cases ranging from Bail Petitions, Suit for Declaration and Injunction etc View Full Profile
Total Answers Given : 9
12182e332146d7887b7d16007a7e696e.jpg

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Muslim Laws
  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
18 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases. View Full Profile
a24c9c9c3a743f162cc475c80071fe4c.webp

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Muslim Laws
  • Civil
  • Administrative Law
  • Adoption
  • Child Custody
Advocate Robert D Rozario has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has acquired over 15 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Total Answers Given : 784
9478f33351ed7adf8dd9280517f108ff.jpg

BIR ABHIMANYU KUMAR

ADVOCATE
Exp
Jamshedpur , Jharkhand

Specialization

  • Muslim Laws
  • Family
  • Commercial
  • Registration
  • Sale
Specialist in matrimonial , divorce, criminal& civil cases and I believe in alternate dispute resolution because it is very cheapest and it is very fast also Civil and in criminal cases. View Full Profile
Total Answers Given : 21
6eb529fec609aa10984b9d77ab18226f.jpg

rajat goel

Designated Partner
Exp
Delhi , Delhi

Specialization

  • Muslim Laws
  • Corporate and Incorporation
  • Bankruptcy and Debt
  • Cheque Bounce
  • Criminal
We deal in every type of matter whether its relate to taxation, secretarial , accounting , audit or legal cases or drafting. whether related to individual or company. View Full Profile
3be37152abe777a4898fc479782ced94.jpg

Sanju Lata

Advocate
Exp
Allahabad , Uttar Pradesh

Specialization

  • Muslim Laws
  • Divorce
  • Child Custody
  • Landlord And Tenant
Advocate practice in Allahabad High Court View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter1
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Muslim Laws?
  • What is the need for Muslim Laws?
  • How is Muslim Laws legally recognized in India?
  • What are the sources of Muslim Laws?
  • What if the difference between “Waqf” and “Trust”?
  • What are the different schools of Islamic Law?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Muslim Laws related queries and also guide you on how to resolve this matter with ease.

About the Muslim Laws

Islamic Law is a branch of Muslim theology giving pragmatic articulation to the ideal which sets down how a Muslim should live as per his religion, both towards God and towards other men. Islamic Law is perceived as the commandant of God.

Sources of Muslim Laws

There are several sources of Muslim Laws, the most prominent ones are:

  • Quran – The Qur'an is the first and most critical wellspring of Islamic law. Accepted to be the immediate expression of God as uncovered to Muhammad through heavenly attendant Gabriel in Mecca and Medina, the sacred writing indicates the good, philosophical, social, political and financial premise on which a society ought to be built. The verses uncovered in Mecca manage philosophical and theological issues, though those uncovered in Medina are worried about financial laws. The Qur'an was composed and protected amid the life of Muhammad and aggregated not long after his death.

    Muslim law specialists concur that the Qur'an completely isn't a legal code (utilized as a part of the cutting-edge sense); rather its motivation is to set out a lifestyle which manages man's association with others and God. The verses of the Qur'an are classified into three fields: "exploration of theoretical religious philosophy", "moral standards" and "tenets of human lead". The third class is specifically worried about Islamic legal issues which contains around five hundred verses or one thirteenth of it. The errand of deciphering the Qur'an has prompted different suppositions and judgments. The interpretations of the verses by Muhammad's mates for Sunnis and Imams for Shias are viewed as the most credible, since they knew why, where and on what event each verse was uncovered.
  • Sunna - this refers to what the Prophet said and practised in his lifetime. What he did without explicit reference to God is observed as tradition
  • Ijma – refer to the agreement concluded amongst the Islamic jurists.
  • Qiyas – refers to the analogical deduction for problems using the above three sources.
  • Customs that were not declared to be bad by the Prophet such as customs of talaq, dower, etc.

Difference between Waqf and Trust


  • Both, in waqf as well as in trusts, the property is detained and but in waqf its usufruct is utilized for religious or charitable purposes.
  • A waqf may be constituted only for those purposes which are recognised as religious, pious or charitable in Islam whereas, a trust may be constituted for any lawful object.
  • Except under Hanafi law, the founder of a waqf cannot reserve any benefit for himself, but the founder of a trust may himself be a beneficiary.
  • The powers of a mutawalli (manager of the waqf-property) are very limited as compared to the powers of a trustee.
  • A waqf is generally perpetual and irrevocable, whereas, a trust need not be perpetual and may also be revoked under certain conditions.

Some important facts about Muslim Laws


There are several schools of Islamic Law such as Hanafi, Shafi, Ismaila, Zaydia, Maliki, Hanbali, etc.

Marriage as per Islamic Law is a contract unlike the Hindu perception of Marriage as per which Marriage is a sacrament made in the presence of God. As per Islamic Laws, a man may have upto 4 wives provided he treats all of them equally.

There is an act called ‘The Muslim Personal Law (Shariat) Application Act 1937, which aims at the application of Shariat for the muslims in India. This Act has been in force since the 1937 in India. Adoption is not a recognised concept as per Islamic Laws, however, a muslim may adopt under the Juvenile Justice (Care and Protection of Children) Act 2000.

In December 2017, Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill which aims at banning the practice of triple talaq.

Waqfs is a special feature of the Muslim Law. As per the Wakf Act 1954, Wakf means the permanent dedication by a person professing the Islam, of any movable or immovable property for any purpose recognized by Muslim Law as religious, pious, or charitable. A Wakf is of a permanent nature and cannot be revocable, contingent or alienable. The person giving property for a Wakf can be non-muslim provided he believes in the principles of Islam. The courts have the power of inspecting the functioning of a wakf property, and misusing a Wakf property is a criminal offence.

Request a Callback for Legal Help


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 for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

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

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter2
Get the best Lawyer
for your Case

Top Responding Lawyers
on Muslim Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
f4352b3f5213161d4c2fbdbf42c86330.webp
Experience: 9 Year(s)
Lawyer and legal associate
Nanded
5a5b9936694f43a22e8d1af5799fd4ac.jpg
Experience: 2 Year(s)
Advocate
New Delhi
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 2 Year(s)
As a advocate
Aurangabad
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
a471b982517c3e5e59b7c95a1d00e918.jpg
Experience: 6 Year(s)
Advocate
Ludhiana
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
a4738f27d8a6ec612a8921959b89d278.jpg
Experience: 1 Year(s)
Advocate
Patna
9996172c654e9a8761b0.jpg
Experience: 38 Year(s)
Advocate
Bhubaneswar
734a9c39460d81c42f7dc20d0ea92fcb.jpg
Experience: 5 Year(s)
Practicing Lawyer
South West Delhi
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
U00070524.webp
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
a633470e78b3b26b320fc80ad237cc0a.jpg
Experience: 15 Year(s)
Advocate
Jaipur
c27ca806eff0a70564bacdf75277b502.jpg
Experience: 29 Year(s)
Senior Lawyer
Vijayawada
4d600623710db68c217d71808d21ab4c.jpg
Experience: 13 Year(s)
Lawyer
Bangalore
351725551b53c932fc5f5b35c3b63ee1.jpg
Experience: 1 Year(s)
Advocate
Mumbai suburban
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us