Property Law

Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system.

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A daughter has the right on her father’s ancestral property provided if she can prove her succession. If she is denied her rightful share, then she can move to the appropriate forum for separate possession (According to the Hindu Succession Act, 2005). The law also states that the children of the second wife have equal rights as the children of the first wife on their father’s property. Upon the death of the father, the daughter, her stepmother and step-siblings (who are the legitimate children of the father) will get an equal share as coparceners in the property.

The term legal heir is commonly used to refer to a person who succeeds to property, either by will or law. Under common law, an heir is an individual appointed by law to succeed to the estate of an ancestor who died without a will. Over matters such as insurance, inheritance, identifying legal heir is important as they are the ultimate successor over the property under inheritance and also over insurance claims.

A legal heir certificate is issued by the government for those individuals whose parent/husband is dead without leaving a will. Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person living heirs and the succession certificates are issued by the court to the deceased person legal heirs.

In India buying property, including the authentication of ownership documents by the government and the process of identifying the right property is fraught with several risks, legal and regulatory hurdles. It is imperative for the buyer to exercise due caution and obtain appropriate legal advice, to safeguard his interest before buying a property.

Sale of immovable property means a transfer of ownership in exchange for a price paid or promised or partly paid and partly promised as defined in the Transfer of Property Act. It is also advisable that the buyer’s attorney should enquire from the relevant authorities and gather information on whether a notification has been issued for acquisition of the property.

A Gift Deed is a legal document that describes voluntary transfer of gift from donor (owner of property) to donee (receiver of gift) without any exchange of money. The gift can be transferred to a person or an institution which should be accepted by the donee within the lifetime of the donor. The donor must be solvent and should not use this tool for tax evasion and illegal gains.

Muslim law recognises two types of heirs, firstly, sharers, the ones who are entitled to certain share in the deceased’s property and secondly, Residuaries, the ones who would take up the share in the property that is left over after the sharers have taken their part.

Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property. It is used to transfer ownership when a person dies without leaving behind a will and his legal heirs inherit his property.

A family settlement is an agreement where family members mutually work out how a property should get distributed among themselves. All the parties should be related to each other and have a claim to a share of the disputed property. A family settlement is usually used to settle common property or joint property that the family owns as opposed to individual or self-acquired property.

A Succession Certificate is needed when someone inherits any movable property or immovable property under the different property laws in the country. It is commonly misunderstood with Legal heir certificate but both are different.

The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunal (DRATs) were established under the Recovery of Debts Due to Banks and Financial Institutions Act (RDDBFI Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institution

Right over a property is a right which devolve with the birth of a child in a family. There are certain laws and principles for the partition. Generally partition suit is filed by those who did not get any share in the ancestor property or by those who are not satisfied with the settlement for disposal of the ancestral property.

There are various rules when it comes to evicting a tenant. These rules vary from state to state, and even from city to city within a state. It is best to research the specific laws in your jurisdiction, having a general understanding of the rules for evicting a tenant can help you better understand the laws in your state.

If someone is creating any hindrance in your ingress and outgress you can file complaint to police .You can also move necessary civil or criminal charges in the appropriate court. You should always speak to your lawyer about your rights as well as any potential ways of solving the dispute.

An agreement for sale, is an agreement to sell a property in future. This agreement specifies the terms and conditions, under which the property in question will be transferred. The Transfer of Property Act, 1882, regulates the matters dealing with the sale and transfer of house property.

Sale deed (Conveyance Deed) is a legal document and an evidence that the sale of a property has been made in favour of the buyer from the seller. It is also a proof that the buyer is the absolute owner of the said property.

Under The Indian Succession Act, 1925 every Indian is entitled to equal shares on inheriting the property on the death of a person. The exceptions are Hindus, Sikhs, Jains, Buddhists and Muslims as they are governed under separate laws of succession, there are individual different Laws applicable for these religions.

Power of attorney of property is a legal document transferring the legal right to the attorney or agent to manage and access the principal’s property in the event the principal is unable to do so themselves.

A “will” is a written document of your desire for the distribution of your wealth to the loved ones after your death and Creation of trust depends on the amount of assets you possess and how you would like to transfer your property to your legal hiers. Trust in India are created and governed as per the Indian Trust Act, 1882.

The SARFAESI Act, 2002 allows banks and financial institutions to auction properties (say, commercial/residential) when borrower fail to repay their loans. It objectifies efficient or rapid recovery of non-performing assets (NPAs) of the banks and FIs.