Gifting of Property
Gifting of property is governed under Section 122 of the Transfer of Property Act, which defines gifting as: “…the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must […]
Transfer of Ownership/Name Change
When a person passes away, their property can be transferred through natural succession or according to a will. In the absence of a will, immovable property is typically inherited by the legal heirs, as specified under the laws of succession. As per the Hindu Succession Act, Class 1 heirs are entitled to inherit the property […]
Builder Delay/Fraud
The builder-buyer agreement, signed by both parties during the finalization of the real estate deal, specifies the date on which the builder promises to hand over the possession of the property to the buyer. However, things do not always go as planned. Some builders, especially fraudulent ones, fail to meet their promises. When questioned about […]
Landlord/Tenant Issues
Some of the most common complaints landlords have about tenants include: While landlords have rights, tenants also have their own legal rights. Here are some things that landlords CANNOT do:
Family Property Dispute
There are two primary ways for a family to resolve a property dispute: 1. Settlement In a settlement, all family members come together to discuss and decide on the division of property in an amicable manner. Often, a neutral mediator (someone not within the family) may be involved to ensure the discussion remains fair and […]
Illegal Construction
The rapid population growth, particularly in urban areas, has contributed to a rise in illegal construction cases. These buildings are constructed without the necessary legal documents or proper authorization. Builders often save costs by bypassing the formal registration process, and in some cases, they may use substandard materials. Since these constructions are illegal, they are […]
Illegal Possession
If someone has illegally occupied your property, as the rightful owner, you have legal rights to challenge this in court. You can seek remedies through civil court procedures. Preventive Remedies: Actual Remedies: These remedies provide legal channels to reclaim your property and ensure that justice is served.
Property Documentation/Verification
Steps to Verify Before Purchasing Property in India Purchasing property is a significant financial and emotional investment. To ensure a smooth and hassle-free experience, it is essential to verify all aspects of the property to avoid legal complications in the future. Here are the key aspects to check: By thoroughly verifying these aspects, you can […]
Threat/Injury
Threat Section 503 of the Indian Penal Code (IPC) defines threat as: “An act of threatening a person to injure their body, property, or reputation, or another person’s body, property, or reputation, intending to cause that person to perform any act or omission which they are not legally entitled to do, as the means of […]
Theft/Robbery
Theft Theft is defined under Section 378 of the Indian Penal Code (IPC) as: “Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.” Robbery Robbery is defined under Section 390 of IPC […]