Property Lawyers in India

The investment on ‘Earth’ is Earth.

-Louis Glickman 

We humans are different from other living creatures due to various reasons accrediting to our intelligence through a developed brain. One of the many differences attributes the ability to own property. There are various types of properties based on their nature like movable and immovable, tangible and intangible, intellectual property, and so on.

In India, the main legislation dealing with the property and its transfer is the Transfer of Property Act (TPA), 1882 among others. There are several modes through which a property can be owned or acquired. There is another aspect of property called inheritance through succession which usually becomes a subject of personal or religious laws of the parties concerned. For better understanding of cases based on personal facts, a property lawyer in India can be of great help.

What is Property Law?

Although in general understanding, property can be understood as anything that holds some value. However, in legal terms, particularly under the TPA Act, 1882, the context is confined to real property, i.e. land. The process of owning a property or selling a property involves various legal rights and obligations on part of both the buyer and the seller. All such facets related to property cases are dealt with by property lawyers in India.

Initially, the Constitution of India, 1950 included right to property as a fundamental right under Article 19(1)(f). However, the same was removed from the list of fundamental rights in 1978 through the 44th Amendment Act and the same was reduced as a constitutional right under Article 300A.

What constitutes a property has been explained by the hon’ble Supreme Court in R. C. Cooper case as the "highest right a man can have to anything, being that right which one has to lands or tenements, goods or chattels which does not depend on another's courtesy : it includes ownership, estates and interests in corporeal things, and also rights such as trade-marks, copyrights, patents and even rights in personam capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money value, I especially with reference to transfer or succession, and to their capacity of being injured". Educating yourself is always beneficial and for property, it is advisable to opt for property lawyer legal consultation before taking any permanent decision.

Immovable Property related Laws in India

• Transfer of Property Act (TPA), 1882.
• The Indian Contract Act, 1872.
• Indian Easements Act, 1882.
• The Registration Act, 1908.
• The Indian Stamp Act, 1899.
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
• The Specific Relief Act, 1963.
• State Land Revenue Laws

Property Cases

In India, there is a proverb in Hindi as - “Jhagde ke hain karan teen - Jar, Joru aur Jameen”. It depicts the three reasons for any dispute, mainly wealth, women and land. Although women constitute half of the society and are also responsible for nurturing the other half of the society being a mother. So women targeted to be responsible for clashes seems only an outcome of patriarchy and should not be given a heed. However, the other two, particularly wealth and land, surely become a big reason for the income of property disputes lawyer.

Matters dealt by Property Disputes Lawyer

• Adverse possession
• Benami transactions
• Cancellation or challenges against transfer
• Easement rights
• Co-ownership of property
• Co-sharers
• Tenancy
• Ownership and title conflicts
• Partition of property
• Possession conflicts
• Revenue records
• Trespassers
• Unauthorized occupation
• Void or voidable transfer of property

Documents in Possession

If I am planning to buy a piece of land, I should be aware of the documentation involved which can be done through property lawyer legal consultation. If things take a direction for good, it is important to contact an advocate for property registration near me. Given below the documents for conveyance of an immovable property:

• Sale Deed
• Gift Deed
• Relinquishment Deed
• Will Deed
• Partition Deed
• Settlement Deed

Q - How much do property lawyers charge in India?

A- The cost of property disputes lawyer may vary based on location, experience, and most importantly the technicalities related to case facts and property value. Thus, there is no fixed ratio of how much a property lawyer in India may charge.

Q- What does a property lawyer do?

A- Property cases vary based on the nature of property involved, the difficulty of facts and document proofs. A property lawyer looks into the matter, collects the documents and other evidence, prepares the claims and thereafter goes on with the petitioner or respondent for the property cases involved. Property disputes lawyer are mainly responsible for representing their client’s case before the court and prove their claims. 

Q- Should I hire a property lawyer near me?

A- Yes. Location of the property is important for jurisdiction. A local property lawyer in India knows the process better and may be of more help as compared to the property lawyer in India. For example, one should hire property lawyers in Delhi for matters related to a property located in Delhi itself.

Q- How much does it cost to file a property case in India?

A- To calculate the court fees for property cases, the value of such property, the court of jurisdiction (District Courts/High Court/ Supreme Court of India), etc. play an important role. Apart from that, the advocate for land case near me may charge more than a mediocre experienced property disputes lawyer. Hence, the range of cost for property cases can not be depicted without any details of the matter involved.