IndiaProperty
Property law, conveyancing, strata management
25 questions
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Gift & Sale
(6)How do I create a valid gift deed for property?
To create a valid gift deed for property in India, you must execute a written, registered, and stamped document signed by the donor and attested by at least two witnesses.
Must a property sale deed be registered?
Yes, a property sale deed for immovable property valued at ₹100 or more must be registered under the Indian Registration Act, 1908. Failure to register makes it inadmissible as evidence of title.
Can I sell property without the consent of all co-owners?
No, you cannot sell jointly owned property without the consent of all co-owners unless you first partition your share and obtain a court decree or buyout agreement.
Can a Power of Attorney holder sell my property?
Yes, a Power of Attorney (POA) holder can sell your property in India — but only if the POA is specific, registered, and explicitly authorises sale; a general POA does not confer sale rights.
What happens if property registration is not done?
If property registration is not done in India, the transaction is legally invalid for immovable property valued over ₹100 — it cannot be used as evidence in court and confers no legal title.
Can ancestral property be sold without family consent?
No, ancestral property cannot be sold without the consent of all coparceners (i.e., living male descendants up to three generations) unless a legal partition has already taken place.
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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.
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Easements & Licences
(5)What is an easement right?
An easement right is a non-possessory legal right to use another person's land for a specific purpose, such as passage or laying utilities, without owning it.
What is the difference between lease and licence?
A lease transfers a right to exclusive possession of property for a defined period, while a licence merely grants permission to use the property without transferring any interest or possession.
How can I prescriptively acquire an easement right?
In India, you can acquire an easement prescriptively by using another person's land openly, continuously, and without permission for 20 years under the Limitation Act, 1963.
My neighbour built a wall blocking my light. Can I object?
Yes, you may object if the wall obstructs your 'ancient lights' — light enjoyed continuously for 20 years — under the Indian Easements Act, 1882. No automatic right exists for new constructions.
What are the formalities for a valid lease?
A valid lease in India requires a written agreement signed by both parties, attestation by at least two witnesses, and registration if the lease term exceeds 12 months or reserves yearly rent of ₹100 or more.
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Encumbrance & Conversion
(2)What is the process to convert agricultural land?
Converting agricultural land for non-agricultural use in India requires prior permission from the competent authority under state-specific land revenue laws, and the process varies by state.
What is an encumbrance certificate and why is it important?
An encumbrance certificate (EC) is an official document issued by the Sub-Registrar’s Office that certifies whether a property has any legal liabilities like mortgages, liens, or court attachments during a specified period. It is essential for verifying clear title before buying, mortgaging, or inheriting property in India.