India

Property

Property law, conveyancing, strata management

25 questions

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Land Acquisition

(6)
What is the process of land acquisition in India?
Land acquisition in India is governed primarily by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), which mandates social impact assessment, consent from affected families, fair compensation (up to 4x market value in rural areas), and rehabilitation before acquisition.
What compensation is payable for land acquisition?
Compensation for land acquisition in India is generally based on the market value of the land, plus solatium (100% of market value), and other entitlements like rehabilitation and resettlement benefits under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
My property was acquired but compensation is inadequate. What remedy?
You can challenge inadequate compensation before the Collector, then appeal to the Reference Court under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — within 6 months of award publication.
What is the 4x compensation rule in land acquisition?
The '4x compensation rule' refers to the enhanced compensation payable for rural land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — four times the market value for rural areas.
Can the government acquire my property for private companies?
Yes, but only under strict conditions: the acquisition must serve a 'public purpose', and private companies can only benefit if they meet statutory criteria like contributing to infrastructure or public services.
What is the social impact assessment under the Land Acquisition Act?
The Social Impact Assessment (SIA) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a mandatory study to evaluate how land acquisition affects affected families’ livelihoods, social structures, and access to resources before acquisition can proceed.
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Title & Ownership

(5)
Can I claim ownership by adverse possession?
Yes, you can claim ownership by adverse possession in India if you openly, continuously, and exclusively possess someone else's land for 12 years (for private land) or 30 years (for government land) without permission or objection.
What documents establish clear title to property?
Clear title to property in India is established through documents like the Sale Deed, Record of Rights (RoR), Encumbrance Certificate, and Mutation Entry — all verifying ownership, absence of disputes, and lawful transfer.
What is benami property and what are the consequences?
Benami property is one held by a person (benamidar) for the benefit of another (real owner), and such transactions are prohibited under the Benami Transactions (Prohibition) Act, 1988, with severe penalties including confiscation and imprisonment.
I bought property from a person who wasn't the true owner. Am I protected?
You may be protected if you bought the property in good faith, for valuable consideration, and without notice of the true owner’s claim — but only if the seller had apparent or ostensible authority, or under specific statutory protections like Section 41 of the Transfer of Property Act.
How do I challenge an illegal land grabbing?
You can challenge illegal land grabbing in India by filing a civil suit for recovery of possession, a criminal complaint under IPC Sections 425 (mischief) or 447 (criminal trespass), or approaching revenue authorities under state land laws. Prompt action within the limitation period is critical.