Property Law

Property law in India is a broad area of law that governs the ownership, transfer, and regulation of property (both movable and immovable). It is derived from a mix of statutory law, common law principles, and customary practices. Here’s a structured overview:

1. Types of Property

• Movable Property – Anything that can be transferred from one place to another (e.g., vehicles, jewellery, furniture).

• Immovable Property – Land, buildings, and things permanently attached to land (like trees, houses, minerals).

2. Key Legislations Governing Property

1. Transfer of Property Act, 1882 (TPA)

   • Governs transfer of property between living persons (inter vivos).

   • Covers sale, mortgage, lease, exchange, and gift of immovable property.

   • Provides rules for rights and liabilities of buyers, sellers, lessors, lessees, mortgagors, and mortgagees.

2. Indian Easements Act, 1882

   • Deals with rights to use land belonging to others (e.g., right of way, light, air, water).

3. Indian Succession Act, 1925

   • Governs inheritance and succession for non-Muslims (Hindus, Sikhs, Buddhists, Christians, Parsis).

   • Muslim succession is governed by Muslim Personal Law (Shariat) Application Act, 1937.

4. Hindu Succession Act, 1956 (amended in 2005)

   • Governs intestate succession among Hindus, Buddhists, Sikhs, and Jains.

   • 2005 amendment gave equal inheritance rights to daughters.

5. Registration Act, 1908

   • Makes registration of certain documents (like sale deed, gift deed, lease above 12 months) compulsory.

6. Real Estate (Regulation and Development) Act, 2016 (RERA)

   • Protects homebuyers and regulates real estate developers.

7. Benami Transactions (Prohibition) Act, 1988 (amended 2016)

   • Prohibits holding property in someone else’s name to conceal ownership.

3. Modes of Transfer of Property under TPA

• Sale – Transfer of ownership for a price.

• Gift – Transfer without consideration (must be in writing, registered, and accepted).

• Mortgage – Transfer of interest in property to secure repayment of a loan.

• Lease – Transfer of right to enjoy property for consideration.

• Exchange – Mutual transfer of ownership between two parties.

4. Inheritance and Succession

• Hindus (Hindu Succession Act, 1956) – Property devolves on Class I heirs first (sons, daughters, widow, mother).

• Muslims – Governed by Shariat; fixed shares to heirs, will allowed only up to one-third of property (without heirs’ consent).

• Christians/others – Governed by Indian Succession Act, 1925.

5. Important Concepts

• Joint Family Property & Coparcenary (Hindus) – Male and female coparceners (post-2005) have equal rights in ancestral property.

• Adverse Possession – If a person occupies land openly, peacefully, and continuously for 12 years (private property) without owner’s action, ownership may be claimed.

• Tenancy Laws – Govern rights of landlords and tenants, vary by state.

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