Editorial
Knowledge, Plainly Written
Long-form notes on the questions our individual and NRI clients ask most often. Written so you can decide whether you need a lawyer at all, and what to ask if you do.
How can title disputes in property be resolved?
What Is a Property Title Dispute? A property title dispute occurs when two or more parties claim legal ownership or rights over the same property. Title refers to the legal proof of ownership, not merely physical possession. In India, legal ownership is established through registered documents under the Registration Act, 1908 , supported by mutation records, revenue entries, and encumbrance certificates. However, title and possession do not always align. You may possess a…
Read article · 16 min →How can illegal possession of property be removed?
What Is Illegal Possession of Property Under Indian Law? Illegal possession of property occurs when a person occupies immovable property without lawful authority or continues to occupy after the legal right has ended. Under Indian law, possession is a question of fact, while ownership is a question of title. A person can hold physical possession without legal title, and conversely, a person can own valid title without actual possession. Understanding this distinction is…
18 min read →What are the legal remedies for builder-buyer disputes?
Understanding Builder-Buyer Disputes in India You invested your life savings five years ago, dreaming of a perfect home. The builder promised possession in 24 months. Today, the project remains incomplete, your calls go unanswered, and your family's future plans are on hold. This scenario affects thousands of homebuyers across India every year who find themselves trapped in builder buyer disputes , struggling with issues like delayed possession , substandard construction, or…
22 min read →How can a sale deed be cancelled in India?
Imagine buying your dream home, paying the full amount, completing the registration formalities, only to discover years later that the seller had no legal right to transfer the property. Or worse, the sale deed was obtained through fraud, forged signatures, or coercion. Can such a transaction be undone? Can you reclaim your rights or reverse the damage? These situations are not hypothetical. Thousands of property disputes in India involve challenges to registered sale deeds…
19 min read →What is the difference between self-acquired and ancestral property?
Your grandfather passed away, leaving behind three properties. Your father and his siblings are claiming equal shares in all three properties. But then someone mentions that two properties were self-acquired by your grandfather, and only one is ancestral property. Suddenly, you realize that your share depends entirely on understanding this one crucial legal difference. In India, property disputes within families are rooted in one fundamental question: is it self-acquired vs…
15 min read →What happens if property records contain errors?
Why Property Record Errors Matter in India Your father passed away five years ago. The family property in Pune is now under dispute because revenue records still show your uncle as the title holder, even though a registered sale deed in your father's name exists from 1995. Your lawyer tells you there's a mismatch between municipal records, the property mutation entry, and the registered document. The buyer who wants to purchase the property now refuses to proceed until the…
18 min read →How can a partition suit be filed in India?
What Is a Partition Suit Under Indian Law? A partition suit is a civil legal proceeding filed before a competent Civil Court under the Civil Procedure Code, 1908, seeking division of property that is jointly owned by two or more persons. The suit is typically filed when co-owners cannot mutually agree on how to divide the property or when one party wants to separate their share from the joint holding. Partition suit proceedings are governed primarily by: The Partition Act,…
16 min read →What are the grounds for challenging a will in India?
Legal Background: What Makes a Will Valid in India? Before exploring the grounds to challenge will documents, it is essential to understand what makes a will legally valid under Indian law. A will in India is primarily governed by the Indian Succession Act, 1925 . Under Section 59 of this Act, any person of sound mind who is not a minor can execute a will. The will can dispose of any property that the testator (the person making the will) owns at the time of their death. For…
15 min read →What is the process of obtaining a succession certificate in India?
When Mr. Sharma, a Mumbai-based retired bank employee, passed away unexpectedly, his family faced an immediate problem. His fixed deposits, mutual funds, and provident fund amount were all stuck. The bank refused to release the money without proper legal documentation proving who his rightful heirs were. His widow and children had no idea how to claim what legally belonged to them. This is where a succession certificate became essential. If you have lost a family member and…
17 min read →What is adverse possession and how does it affect property rights?
Understanding Adverse Possession: How Property Ownership Can Transfer Through Continuous Occupation Imagine discovering that someone else has claimed legal ownership of your ancestral property simply by living there for twelve years. This scenario, though unsettling, is possible under Indian property law through a doctrine called adverse possession . Adverse possession allows a person without original title to acquire legal ownership of property by occupying it continuously,…
20 min read →What is the process of mutation of property after inheritance?
What Is Property Mutation? Property mutation after inheritance refers to the administrative process of updating ownership records in government land revenue or municipal corporation registers when property ownership transfers from a deceased owner to their legal heirs. This change is recorded in documents such as the Khata (property tax register in urban areas), Pahani, Khatian, or Revenue Records maintained by Tehsildar offices, and 7/12 extracts or RTC (Record of Rights,…
19 min read →How can forged property documents be challenged?
What Are Forged Property Documents? Forged property documents refer to fraudulent or fabricated property-related legal papers such as sale deeds, gift deeds, power of attorney documents, wills, partition deeds, or mutation records. These documents may be created through signature forgery, identity impersonation, tampering with registered records, or executing transactions without the genuine owner's knowledge or consent. Under Indian law, forgery constitutes a serious…
19 min read →Can a power of attorney for property be revoked?
What Is a Power of Attorney and Why Does It Matter in Property Matters? A power of attorney (POA) is a legal document created under the Powers of Attorney Act, 1882, where one person (the principal) authorizes another person (the agent or attorney-holder) to act on their behalf. In property matters, this typically includes authority to manage, rent, maintain, or sometimes even sell immovable property. Consider this scenario: Your brother, who lives in Dubai, gave his friend…
18 min read →Can ancestral property be sold without the consent of all heirs?
Your grandfather left behind a piece of land in the village. Your uncle wants to sell it immediately. But your father refuses. Your aunt lives abroad and hasn't responded in months. The buyer is waiting. The family is fighting. And everyone is asking the same question: can ancestral property be sold without everyone agreeing? This is one of the most common property conflicts in India today. It affects families across generations, creates long court battles, and often…
15 min read →What are the rights of co-owners in jointly owned property?
Understanding Co-Owner Rights in Property: A Complete Legal Guide for India Imagine receiving a legal notice from your sibling demanding partition of your late father's house where you still live with your family. Or discovering that two other co-owners claim possession rights to property you purchased without being informed. These situations occur frequently in India. Every year, thousands of families face joint ownership disputes that could have been prevented with proper…
19 min read →Can NRIs inherit or purchase property in India?
Who Qualifies as an NRI Under Indian Law? Before exploring property rights, you need to understand who qualifies as a Non-Resident Indian. Under the Foreign Exchange Management Act, 1999 (FEMA) , an Indian citizen qualifies as an NRI if they stay outside India for more than 182 days in a financial year. This classification applies to individuals residing abroad for employment, business, or any purpose indicating an intention to stay outside India. This classification matters…
17 min read →How can a legal heir claim property without a will?
What Is Intestate Succession and Why Does It Matter? When Mr. Sharma passed away unexpectedly in Pune last year, his three children discovered he had left no will. The family home, a commercial plot, and bank accounts all remained undocumented. Within months, disputes erupted. Who had rightful ownership? Could the eldest son claim everything? Did the married daughter have any rights? This scenario plays out in millions of Indian households every year. When someone dies…
19 min read →How can an NRI recover possession of property in India?
Why NRI Property Disputes Are a Growing Problem Rajesh left Mumbai in 2010 for a job in Dubai. He owned a two-bedroom flat in Thane that he rented out. By 2023, he discovered his tenant had stopped paying rent, changed the locks, and refused to vacate. When Rajesh approached the police, they called it a civil dispute and refused to register an FIR. His phone calls and emails went unanswered. His property was no longer under his control. This scenario plays out thousands of…
20 min read →How can a gift deed be cancelled in India?
What Is a Gift Deed Under Indian Law? A gift deed is a legal instrument through which one person (donor) voluntarily transfers ownership of movable or immovable property to another person (donee) without any monetary consideration. Under the Transfer of Property Act, 1882 , specifically Section 122 , a gift is defined as the transfer of certain existing movable or immovable property made voluntarily and without consideration. For a gift deed to be legally valid, the…
17 min read →Can daughters claim equal rights in ancestral property?
What Is Ancestral Property Under Indian Law? Ancestral property refers to property inherited by a male from his father, grandfather, or great-grandfather. It passes down automatically through generations without requiring a will or formal transfer. The key characteristic is that the property remains joint and undivided, and every legal heir becomes a coparcener by birth. This concept originates from Hindu Mitakshara law, which historically applied to Hindu families in most…
17 min read →What documents should be checked before buying a property?
Why Property Due Diligence Matters in India You've found the perfect house. The builder seems genuine, the locality is ideal, and the price fits your budget. You're ready to sign and transfer the advance. But wait—have you verified the legal documents? Property due diligence is not just a legal formality. It is the single most critical step between signing a deal and avoiding a lifetime of litigation. In India, where title disputes, possession conflicts, and revenue record…
17 min read →What legal remedies are available against property encroachment?
What Is Property Encroachment Under Indian Law? Property encroachment dispute cases occur when someone occupies, constructs on, or uses your land without legal right or permission. Encroachment can take multiple forms: physical structures like buildings or walls, partial extensions like boundary wall overruns, or gradual occupation through cultivation or fencing over time. Under the Transfer of Property Act, 1882 , ownership and possession are distinct legal concepts. You…
21 min read →How can probate of a will be obtained in India?
When an elderly father passes away leaving a carefully written will dividing his property among his children, most families assume the transition will be smooth. But when approaching a bank to transfer fixed deposits or visiting the sub-registrar to transfer the house, they hear four words that change everything: "Where is the probate?" Probate of will is not just a legal formality. It is the court-certified proof that the document you hold is legally valid, that the person…
16 min read →Can a registered will be challenged in court?
Understanding Wills Under Indian Law Your father passed away six months ago. Before his death, he executed a registered will leaving most of his property to one sibling, excluding you and your other family members. You only found out about it after the funeral. Now you're questioning whether a registered will can be challenged in court, or if registration is the final word on inheritance. This situation is more common than you think. Families across India face uncertainty…
17 min read →Co-Owner Section 44 of Transfer of Property Act: A Complete Guide
Co-ownership is a common arrangement in India, where multiple individuals share ownership of a property. However, co-owners must understand their rights and ...
5 min read →