Property Law

Unauthorized construction is a widespread issue across Indian cities, often resulting from deviations from sanctioned building plans, construction without proper approvals, or violations of local building bylaws. While demolition is the default legal consequence for unauthorized structures, several state governments have introduced regularization schemes that allow property owners to bring their constructions within the legal framework by paying compounding fees and meeting p

When property ownership changes through sale, inheritance, gift, or partition, the revenue records must be updated through a process called mutation (also known as 'dakhil kharij' in many states). If a mutation entry is being made that you believe is incorrect, fraudulent, or unauthorized, you have the right to file an objection before the revenue authority. This guide explains the mutation objection process, the documents required, and the appeal hierarchy. What Is Mutation

In property disputes, there is often a risk that the opposing party will sell, mortgage, or damage the property while the case is pending. A temporary injunction under Order 39 of the Code of Civil Procedure, 1908 (CPC) allows the court to maintain the status quo and prevent irreversible harm until the suit is decided. This guide covers the legal requirements, the three-part test, the application procedure, and the appeal process. What Is a Temporary Injunction Under Order 39

Rent control in India is a state subject, and each state has enacted its own legislation to regulate the relationship between landlords and tenants. These laws serve a vital protective function: they prevent arbitrary eviction, regulate rent increases, and provide tenants with a mechanism to seek fair rent fixation through a designated authority. While the central government approved the Model Tenancy Act, 2021 as a framework for reform, its adoption by states remains uneven.

Stamp duty is a statutory tax levied by state governments on legal documents, most prominently on instruments relating to property transactions. Governed by the Indian Stamp Act, 1899, stamp duty serves as legal evidence that a transaction has been formally recognised by the state. Failure to pay the correct stamp duty renders a document inadmissible as evidence in court, which can have significant consequences in property disputes. In addition to stamp duty, the Registration

The Supreme Court of India, in Mahinder and Others v. Puran Singh (2026 INSC 698), has upheld the applicability of Section 22 of the Hindu Succession Act, 1956, to inherited agricultural land. The Division Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh, in its judgment delivered on July 14, 2026, held that Class I heirs under the Act possess a preferential right to purchase agricultural property proposed to be transferred by a co-heir to an outsider. The ruling s

The Supreme Court of India, on July 21, 2026, issued a stern warning to the directors of Parsvnath Developers Limited, cautioning them that they face imprisonment if they fail to comply with orders passed by the Haryana Real Estate Regulatory Authority (HRERA). A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, directed the developers to deposit the full recovery amount along with 12 percent interest within one week, setting the next

The Supreme Court of India, on July 21, 2026, issued a stern warning to the directors of Parsvnath Developers Limited, cautioning them that they face imprisonment if they fail to comply with orders passed by the Haryana Real Estate Regulatory Authority (HRERA). A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, directed the developers to deposit the full recovery amount along with 12 percent interest within one week, setting the next

How to File a Suit for Declaration of Title Over Property in India Under Section 34 of the Specific Relief Act Disputes over property ownership are among the most common types of civil litigation in India. When someone denies your right or title to a property, you may need to approach the court to obtain a formal declaration establishing your ownership. Section 34 of the Specific Relief Act, 1963, provides the legal basis for filing a suit for declaration of title. This guide

The Kerala High Court has declared the Kerala Minerals (Vesting of Rights) Act, 2021 unconstitutional in a ruling that reaffirms the fundamental right to property under the Indian Constitution. Cited as 2026 LiveLaw (Ker) 373, the judgment strikes down the State's attempt to vest all mineral rights in itself without providing compensation to private landowners. The Court held that such deprivation of property without compensation violates Article 300A of the Constitution, whi

The Supreme Court of India, in Venkatesha and Anr. v. K.M. Venkatamuniyappa (D) Thr. LRs. and Ors. (2026 INSC 705), has ruled that a rectification deed cannot be used to substitute the subject matter of a prior registered conveyance unless the original transferor participates in the rectification and the identity of the property is established. The judgment, disposed on July 14, 2026, restores the trial court's verdict and clarifies an important principle of property transfer

In Maharashtra, thousands of housing societies occupy buildings where the developer has never executed a conveyance deed transferring the land and building to the society. Without conveyance, the society has no legal title to the property on which it stands, leaving members vulnerable to developer misconduct, unauthorized construction, and inability to take major decisions about the building. The Maharashtra Ownership Flats Act (MOFA), 1963, the Maharashtra Apartment Ownershi

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