OVERVIEW

Property law in India governs the ownership, transfer, and use of immovable property, primarily under the Transfer of Property Act, 1882, which sets out the legal requirements for a valid sale, mortgage, lease, exchange, or gift of property. Every transfer of immovable property valued above a statutory threshold must be executed through a registered instrument under the Registration Act, 1908, and is subject to stamp duty under state-specific stamp legislation, which varies by state and transaction type. Before a property transaction is finalized, title verification is typically conducted by examining the chain of ownership documents, encumbrance certificates issued by the Sub-Registrar’s office, mutation records, and, where applicable, approvals from relevant development authorities. Disputes over property frequently arise from defective title, boundary disagreements, co-ownership and partition claims, and breach of sale or lease agreements, and may be pursued through civil suits for declaration, injunction, specific performance, or partition.

Tenancy relationships are governed by state-specific Rent Control Acts, which regulate matters such as permissible rent increases, grounds for eviction, and tenant protections against arbitrary termination, alongside the Model Tenancy Act framework adopted by several states to modernize landlord-tenant relations. Consumer law is governed by the Consumer Protection Act, 2019, which defines a “consumer” and allows complaints regarding defective goods, deficient services, unfair trade practices, and misleading advertisements. Complaints are filed before a three-tier redressal system — District Commissions, State Commissions, and the National Consumer Disputes Redressal Commission — with jurisdiction determined by the value of goods or services and compensation sought. The Act also provides for product liability claims, allowing consumers to seek compensation from manufacturers, sellers, or service providers for harm caused by defective products.

WHAT WE HANDLE