Menu
keyboard_backspace
Consult and get Expert Advice on Real Estate Laws matters from the best Real Estate 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 Real Estate Lawyers
in India

Read Blogs to get more Insights

All you need to know about Property Law

Property law is the guideline defining the underlying principles of ownership of property including land and personal items; how they can be used and what the prevailing conditions are. Property law is applicable to both real and personal properties. The area of law that deals with owning and using property create a huge impact on society. Property law is a vital aspect of estate law, family law as well as municipal law.The difference between real property and personal propertyReal property and personal property are the two types of properties. The land along with everything attached to it including house, commercial buildings, a garage or barn is essentially real property also known as immovable property. Personal property, on the other hand, is something that one is in possession of or owns. A car, for example, is personal property and so is a chair, a computer and anything that cannot be categorized as land or building are personal property. The vast majority of people own at least some sort of personal property.Transfer of property It's essential for property owners to be aware of how they can be owners of properties and the steps that they need to take to ensure that there is a legal transfer of ownership by selling or gifting by consulting the expert property lawyer registered on Vidhikarya What is a deed? A legal document stating the owners of real property is essentially what a deed is. The extent of the legal interest of a person depends on the nature of the deed that a person possesses. A warranty deed, for example, is an assurance for the purchaser that there aren’t any encumbrances on the property and that there is free and clear ownership. Compulsory AcquisitionAs and when required for public use, the government can grab private property. The government’s right to taking real property from an owner of private property is known as eminent domain. The government’s acquisition of private property overrides any possible objections. In other words, regardless of any possible objections, the government has the right to acquire private property on the condition that the property owner is amply and fairly compensated. Restrictions apply to Compulsory Acquisition and are quite often the crux of legal challenges. Adverse possession People have the right to legally claim ownership of property without making any payments in one-off cases. To claim ownership or acquire property as though it's one’s right requires a person to be staying or occupying the property for a considerable period of time. Adverse possession is a common issue when property owners who may be neighbors use inaccurate boundaries for far too long a time. The intent of adverse possession is settling disputes over land and ensuring that there isn’t any vacant land without a claimant.EasementEasement empowers a person to use property that’s owned by someone else. A right of access or easement is the right of using the property even though the owner maybe someone else. If there isn’t any direct access to one’s property then the only way out is trespassing. A trespasser as we all know can be prosecuted, however, because of an easement that one may have over a property, one is deemed to have legal protection from prosecution. How an easement can provide relief to an otherwise trespasser oftentimes is a contentious issue resulting in litigation. 

Posted By

Avik Chakravorty

2 months ago

Go to Blog

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

4 months ago

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

Consult Top Real Estate Lawyers in India

Ranjit Singh  Thakur

Ranjit Singh Thakur

Advocate
Exp
Hyderabad , Telangana

Specialization

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

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Real Estate
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile
Adrian  Phillips

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Real Estate
  • Property
  • 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
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Real Estate
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Real Estate
  • Civil
  • Commercial
  • Consumer Protection
  • Cheque Bounce
I am practising in Allahabad High Court Allahabad since 2002 the date of Enrollment in Bar Council of Uttar Pradesh. I am giving my best service in CRIMINAL and Service Matters including Central Administrative Tribunals Allahabad. View Full Profile
Kamendu  Joshi

Kamendu Joshi

Managing Partner
Exp
Ahmedabad , Gujarat

Specialization

  • Real Estate
  • Contracts And Agreements
  • Corporate And Incorporation
  • Employment And Labour
  • Intellectual Property, Copyright, Patent, Trademark
Kamendu Joshi & Associates is a full service law firm, based at Ahmedabad (Gujarat) offering the most trusted legal service to clients across the Country including Delhi (NCR), Mumbai, Pune, Chennai, Kolkata, Bangalore, Surat, Vadodara.We are distinguished not only by the depth and scope of our leg View Full Profile
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Real Estate
  • 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
Debashish  Tandon

Debashish Tandon

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Real Estate
  • Criminal
  • Divorce
I am a lawyer with an active litigation experience of more than 11 years in a variety of matters like the Service, Civil, Criminal, Arbitration execution, N.I. Act, Corporate, Labour Laws, property matters. I have experience working in District Court, High Court of Kolkata, Bihar and Uttar Pradesh. View Full Profile
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Real Estate
  • Cheque Bounce
  • Consumer Protection
  • Contracts and Agreements
  • Arbitration and Mediation
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Real Estate
  • Civil
  • Commercial
  • Debt Collection
  • Maternity
Hey everyone, I am from Raipur, Chhattigarh, my born and brought up is Raipur only, I have done B.B.A-LL.B (Hons.) [honors in corporate law] from MATS Law School, MATS University. 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 Matter
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Real estate?
  • Which Laws Govern Real-estate?
  • Where to File a case in case of Developer not following the Real Estate laws?

Real Estate Regulatory Authority (RERA) Bill was presented by the Indian National Congress government in 2013.In December 2015, the Union Cabinet of India had affirmed 20 noteworthy amendments to the bill in view of the proposals of a Rajya Sabha committee that analyzed the bill. The Bill had been alluded to a select committee, which had given its report in July 2015. However, Congress, Left and AIADMK had communicated their reservations on the report through difference notes. The bill got endorsement of the Rajya Sabha on 10 March 2016 and by the Lok Sabha on 15 March 2016.

What is Real Estate?


Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this also an item of real property, more generally buildings or housing in general. Also: the business of real estate; the profession of buying, selling, or renting land, buildings, or housing.

Laws Governing Real-estate


  • The Real Estate Act,2016.
  • Consumer Protection Act,1986.

What Does Real Estate Act,2016 states?


  • As per Section 3 of the act, prior registration of a real estate project with the Real Estate Regulation Authority (hereinafter referred to as the RERA) is mandatory.
  • Section 3(2) provides for certain types of real estate projects to not be compulsorily registered.
  • The promoter needs to present an application for registration of real estate venture along-with recommended charge. Some of the documents to be encased with the Application include brief specifics of Promoter’s enterprise, declaration by a promoter with his affidavit, brief specifics of the project, and so on
  • The promoter has to necessarily make certain declarations in his application itself
  • RERA has the power of taking suo moto decision of revoking a registration under certain grounds
  • Section 9 of the Real Estate Act makes registration of a real estate agent a mandatory activity.
  • The alottee/homebuyer has the right to access information regarding stage-wise time schedule of completion of project, being informed about sanctioned plans, claim allotment’s possession, etc.
  • The Act entails punishment on inability to register real estate venture. It states that if promoter fails to register the undertaking as gave under Section 3 of the Real Estate Act then he shall be subject to a punishment which may stretch out to 10% of the estimated cost of real estate venture.
  • The Act provides punishment for furnishing of false data i.e. details furnished by promoter while registering a real estate venture.

What does Consumer Protection Act,1986 govern in Real Estate?


Consumers in the real estate industry are prone to a higher degree of risk than they are in the other sectors of the economy. Though progressive, the real estate industry is immensely unregulated. It lacks regulations, it lacks the required ethics. Consumers are exploited by taking advantage of these limitations that plague the real estate industry. The housing sector is immensely opaque, due to which consumers are unable to procure complete information or enforce accountability against builders and developers. There exists no binding regulatory body to the industry, which affects it by delaying completion of projects, diversion of funds collected from buyers; one-sided contracts in the absence of adequate supply; reneging on contractual commitments by both the developers and the buyers; and constraints in financing and investment options available to the sector, thereby affecting its long-term growth.

Therefore, the consumer Protection Act,1986 protects consumers from such risks as huge money is involved in real estate matters. Where a purchaser can file a suit if the purchaser finds that the Developer is trying to cheat or take to fraudulent means to gain extra from the pockets of intended purchaser or deviating from the Agreement as made.

In the last couple of years, there has been an enormous upsurge in the real estate sector and buildings are mushrooming everywhere of metropolitan cities in India. Inferable from this extensive development of the sector and consumers' willingness to invest in real estate, the builders have possessed a position of predominance and the arrangement of standard shape contracts or uneven agreements has additionally worsened the situation.

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 Real Estate Laws

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
96f7af615b9d69fb001d0eabf8624f63.jpg
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 3 Year(s)
As a advocate
Aurangabad
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
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
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
3d468e1c95191b06fce7.webp
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
e38a8f956f9fe427a840d3e190512525.jpg
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
U00070524.webp
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
cc45cf3809e36f0032b274972c66f02c.webp
Experience: 4 Year(s)
Advocate
Faridabad
88758d8abcf72f97a1c0302bb8aba8e5.jpg
Experience: 15 Year(s)
Advocate High Court
Allahabad
ed97dd09ba2326865a4467cbb2e8877b.webp
Experience: 18 Year(s)
Advocate
Chennai
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
443f954fc1289753953d236b49cdf66a.jpg
Experience: 3 Year(s)
Lawyer
Mumbai
46ff77e9b7358b76ae473e673378e102.webp
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
9894ddc6b04e091f847f.jpg
Experience: 3 Year(s)
Advocatee
Ernakulam
Viswanath M K
Experience: 5 Year(s)
Independent Attorney
Chennai
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us