Property Law

The Punjab and Haryana High Court has restrained Oberoi Realty from making further allotments in the Three Sixty North project in Sector-58, Gurugram, amid allegations of FEMA and FDI Policy violations, and directed DTCP to decide the ownership dispute by July 20, 2026.

In its judgment dated July 6, 2026, reported as 2026 INSC 669, the Supreme Court of India reiterated that when a Will is surrounded by suspicious circumstances, the mere examination of attesting witnesses is not sufficient to prove its validity. The propounder bears an additional burden of dispelling all doubts and satisfying the judicial conscience that the document truly represents the free and informed wishes of the testator. Facts of the Case: Sardari Lal v. Bishan Dass T

Drafting and Registering a Rental Agreement in India: A 2026 Guide A well-drafted rental agreement is the foundation of any landlord-tenant relationship. It protects both parties by clearly defining the terms of occupancy, rent, maintenance responsibilities, and conditions for termination. In India, the legal requirements for rental agreements vary by state, but certain core principles apply universally. This guide covers the types of rental agreements, essential clauses, the

A property partition suit is a civil proceeding filed by a co-owner or legal heir to seek division of jointly held property when the co-owners cannot agree on a voluntary partition. In India, partition suits are among the most common civil cases, particularly in families where ancestral or inherited property is involved. This guide explains the legal process, documents required, and court fees for filing a property partition suit. Who Can File a Partition Suit Any co-owner of

When a tenant refuses to vacate a rented property in India, the law provides landlords with specific remedies. However, the process must be followed through legal channels. Self-help eviction, such as physically removing a tenant, cutting off utilities, or changing locks, is prohibited and can expose the landlord to criminal prosecution under the Bharatiya Nyaya Sanhita (BNS), 2023. This guide explains the legal steps available to landlords when a tenant will not leave. Step

The Punjab and Haryana High Court has ruled that the state government cannot claim adverse possession over privately owned land, even after decades of uninterrupted occupation. Justice Ramesh Kumari's decision arose from a dispute over 7 kanals of land in Fatehabad that the Haryana government had occupied since 1960 for an irrigation project, without ever formally acquiring the land or paying compensation to the owner. The Court held that the state must now acquire the land t

Punjab and Haryana High Court holds that the State cannot invoke adverse possession to claim private land and must acquire it lawfully with fair compensation.

Buying property in India involves more than signing a sale deed and paying stamp duty. One of the most important post-purchase steps is getting the Khata transferred to your name. Without this, municipal authorities will continue to treat the previous owner as the property holder, creating problems for tax payments, utility connections, and future resale. This guide covers what Khata transfer means, how the process works across states, and what you need to complete it. What I

If you own a flat in a cooperative housing society in India and want to sell it, obtaining a No Objection Certificate (NOC) from your housing society is an essential step. The NOC confirms that the outgoing member has no outstanding dues and the society has no objection to the transfer of ownership. Without it, the buyer cannot be admitted as a member and the transfer cannot be completed. This guide walks through the complete process of obtaining a society NOC, the documents

The Madurai Bench of the Madras High Court has struck down Section 34C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2025. The division bench comprising Justices N. Sathish Kumar and M. Jothiraman declared the provision unconstitutional while allowing four writ petitions challenging the amendment, finding it manifestly arbitrary and violative of fundamental rights. This decision brings relief to property owners who were unable to regi

The Supreme Court of India has reaffirmed the strong presumption of validity that attaches to a registered sale deed. The judgment in Sarafat Ali (Dead) Through Legal Representatives v. Deputy Director of Consolidation, Haridwar (2026 INSC 652, also cited as 2026 LiveLaw (SC) 642) clarifies that minor discrepancies in attestation witness details cannot dislodge the legal effect of a duly registered instrument. The decision, delivered by Justice Prashant Kumar Mishra and Justi

A relinquishment deed is a legal document through which a co-owner or legal heir voluntarily gives up their rights, title, and interest in a jointly owned or inherited property in favour of another co-owner or legal heir. Unlike a sale deed or gift deed, a relinquishment deed operates specifically between co-owners of the same property and is commonly used during family property settlements, succession planning, and partition arrangements. When a Relinquishment Deed Is Used

Any construction activity in India, whether residential, commercial, or industrial, requires prior approval from the relevant municipal or planning authority. A building permit (also called a building sanction or construction permission) is the legal authorization that confirms a proposed construction complies with applicable building standards, zoning regulations, and safety norms. Without this permit, construction is illegal and may attract demolition orders, heavy fines, o

The Supreme Court has imposed a cost of Rs 2 lakh on the State of Chhattisgarh for mounting what it called an absolutely frivolous challenge to compensation awarded to landowners whose land had been occupied by the Public Works Department for nearly twenty five years without acquisition. A bench of Justice Sandeep Mehta and Justice Vijay Bishnoi upheld the relief granted to the landowners and underscored that the State cannot take possession of private land for public project

The Supreme Court, in an order dated June 11, 2026, directed the Brihanmumbai Municipal Corporation (BMC) to consider Reliance Industries Limited's master layout plan for a 130-acre waterfront development along the Coastal Road South in Mumbai. The bench of Justices P.K. Mishra and A.S. Chandurkar imposed specific conditions: ticketed or access-controlled recreational facilities must not exceed 15 per cent of the total area, no residential or commercial development for sale o

Transferring property after the death of the owner in India is a process that confuses many families, especially when the paperwork is incomplete or the heirs are unsure where to start. The route you take depends on one threshold question: did the deceased leave a valid will, or did the person die without one? The answer decides whether the property passes by the will or by the law of intestate succession. This guide explains the practical steps to transfer immovable property

A confirmed auction sale under the SARFAESI Act is not beyond challenge if the process that led to it broke mandatory statutory rules. That is the core of the Supreme Court's decision in M.R. Vasumathi v. The Authorized Officer, reported as 2026 INSC 633 and decided in June 2026, which set aside a long-completed auction of mortgaged property and allowed the legal heir to redeem it. The ruling is a significant statement on the limits of an auction purchaser's rights and the pr

Buying a flat is one of the largest financial decisions most people make, and verifying the property documents before paying any token amount is the single most effective way to protect that investment. Document verification confirms that the seller owns what they are selling, that the property is free of loans and disputes, and that the project has the necessary approvals. This checklist walks through what to examine, and pairs with our guide on how to check land records and

The distinction between a lease and a licence is one of the most practically important concepts in Indian property law, and one of the most frequently litigated. Whether an arrangement is a lease or a licence determines the rights of the occupier, the protections available, and the ease with which the grantor can recover the property. The label that parties put on a document is not decisive; courts look at the substance of the arrangement. This guide explains the statutory de

One of the most common and costly misunderstandings in Indian property transactions is the difference between an agreement to sell and a sale deed. People often assume that signing an agreement to sell, or paying part of the price, makes them the owner of the property. In law, it does not. Ownership of immovable property passes only through a properly executed and registered sale deed. This guide explains the difference between the two documents, the governing law, the regist