Property Law

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

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