Menu
keyboard_backspace
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.

Get Expert Advice Online
from Top Property Lawyers
in India

Read Blogs to get more Insights

How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

11 hours ago

Go to Blog

Daughter's claim on father's property When she can...

Young spouses with minimal education or earning capacity are destined to be harassed by the husband as well as the husband’s family. To exacerbate matters, one’s parents may not be very keen on providing support to their child besides the siblings may not be too keen on sharing the ancestral property.In such a situation what would one do is the moot point. Financial dependence, whether on the father, brothers or husband, has been the root cause of women being subservient historically. It was with the notion of creating a level playing field that fueled the Hindu Succession Act 1956 amended in 2005, permitting the daughter’s equal share in ancestral property. Notwithstanding the Succession Act 1956, the real question is whether one’s father can deprive his son or daughter of their rightful claim in the property or not.  If the property is ancestral According to Hindu law, there are two types of property; ancestral and self-acquired. By definition, ancestral property is essentially four generations of an inherited undivided property with male heredity. Descendants, regardless of a daughter or son, has the birthright to an equal share in the property. Prior to 2005, only sons rather than daughters were claimants of shares in ancestral property. Therefore, legally, a father cannot will ancestral property to whomsoever he desires, or in other words, a daughter cannot be deprived of her share in the ancestral properties. If father self-acquired property In the case of self-acquired property, for example, where a father may have purchased a plot of land or house with the money he has earned, a daughter’s position becomes weaker. The father, in a situation like this, would have the right to gift the property or will the property to whomsoever he wants, and a daughter would be constrained to contest her father’s decision.   Death of the father intestate If the father leaves no will and dies intestate, all legal heirs have an equal right to the property. The heirs of a male according to The Hindu Succession Act are categorized into four classes and the inheritable property can be claimed by Class I heirs including the widow, daughters, and sons, apart from anyone else. All heirs are claimants to a portion of the property, which essentially means being a daughter one would have the right to a share in the property of one’s father.For married daughters Prior to 2005, the Hindu Succession Act regarded daughters simply as members and not coparceners of the Hindu Undivided Family (HUF). Coparceners are the descendants of common lineage, with four generations, in the beginning, with a birthright to property that may be ancestral or self-acquired. Nonetheless, married daughters aren’t regarded as a member of the HUF. After the amendment in 2005, daughters have got the recognition of a coparcener and the fact that she may be married does not alter her claim over the property of her father. The daughter was born or father’s death was before 2005 It hardly matters whether the birth of the daughter was prior to or after 9 September 2005, when the Act’s amendment was instituted. Both the son and the daughter would have equal rights to the property of the father regardless of whether the property is ancestral or self-acquired or the birth date of the daughter. Conversely, if the father is alive as of 9 September 2005 then the daughter would be facilitated staking a claim over his property. If the father died prior to 2005, she would not have any right whatsoever on the ancestral property, and self-acquired property would be partitioned according to the will of the father.  Call 7604047601 for a consultation with registered expert property lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 week ago

Go to Blog
{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Property Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
  • Landlord And Tenant
Total Answers Given : 14
Ranjit Singh  Thakur

Ranjit Singh Thakur

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Property
  • Civil
  • Corporate And Incorporation
  • Real Estate
A seasoned Legal Professional with nearly 20 years of experience. View Full Profile
Total Answers Given : 7
kiran  murthy

kiran murthy

advocate & property consultant
Exp
Bangalore , Karnataka

Specialization

  • Property
I manage a Law Firm which goes by the name of Murthy Associates, i am its proprietor, I have been dealing exclusively with property related cases, both civil and criminal, I provide comprehensive legal opinion, assistance with drafting sale agreement and registration process. View Full Profile
Total Answers Given : 4
harish  M

harish M

BAL LLB
Exp
Bangalore , Karnataka

Specialization

  • Property
  • Corporate and Incorporation
  • Intellectual Property, Copyright, Patent, Trademar
  • Cyber, Internet, Information Technology
  • Divorce
I have been practicing since 2001, my father is also an advocate and I practiced under his guideline and I do independent practice at Bangalore, I am extremely competent in corporate Law, intellectual property, Cyber law, Property verification and Family and divorcee case. View Full Profile
Total Answers Given : 3
Dharmendra  Damani

Dharmendra Damani

Partner, Damani & Damani
Exp
Mumbai suburban , Maharashtra

Specialization

  • Property
  • Financial Markets And Services
  • Landlord And Tenant
  • Power Of Attorney
  • Sale Of Goods
Expertise with over 40 years of experience in all kinds of Property, Financial & Family dispute matters. Handling several matters across Supreme Court of India, Bombay High Court, Debt Recovery tribunals, City Civil Court, Session Court, Small Causes Court, Consumer forum, Metropolitan Magistrate's View Full Profile
Adrian  Phillips

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Real Estate
  • Human Rights
  • Sexual Harassment At Workplace
  • Trust And Society (NGO)
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
naidu  n

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
Sampa Ghosh  Supreme court lawyer

Sampa Ghosh Supreme court lawyer

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Property
  • Divorce
  • Criminal
  • Administrative Law
  • Aviation
Expertise In Civil & Criminal Cases & Passionate to work in Supreme Court Cases. View Full Profile
Munish Kumar Goyal

Munish Kumar Goyal

Advocate
Exp
Ludhiana , Punjab

Specialization

  • Property
  • Civil
  • Cheque Bounce
  • Criminal
  • Child Custody
Advocate Munish Goyal is a Director to a popular law firm "M/s Munish Goyal & Associate Lawyers" of North India and famous in all India. Adv. Munish is an Empanelled lawyer for many Central and State Government Departments and also an empanel lawyer for banking, non banking and financial institution View Full Profile
Total Answers Given : 78
Namitabh  Kothari

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
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 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 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 Matter
Get the best Lawyer
for your Case

Top Responding Lawyers
on Property Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 3 Year(s)
As a advocate
Aurangabad
96f7af615b9d69fb001d0eabf8624f63.jpg
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
ed97dd09ba2326865a4467cbb2e8877b.webp
Experience: 18 Year(s)
Advocate
Chennai
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
443f954fc1289753953d236b49cdf66a.jpg
Experience: 3 Year(s)
Lawyer
Mumbai
U00070524.webp
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
e38a8f956f9fe427a840d3e190512525.jpg
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
3d468e1c95191b06fce7.webp
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
bd336bec387d2f05221b49b12dd753ed.jpg
Experience: 30 Year(s)
Senior Lawyer
Mumbai City
9996172c654e9a8761b0.jpg
Experience: 38 Year(s)
Advocate
Bhubaneswar
365c3942034dac70476c492af828705e.jpg
Experience: 17 Year(s)
Advocate
Patna
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us