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03 · Property & Real Estate

Property Disputes

Property disputes concern rights over land and buildings — who owns them, who may occupy them, and whether documents affecting them are valid.

What this covers

  1. 01Title and ownership disputes
  2. 02Possession and trespass
  3. 03Disputes over sale agreements and property documents
  4. 04Inherited and joint family property
  5. 05Injunctions against interference with property

How it generally works

The main laws include the Transfer of Property Act, 1882, the Registration Act, 1908, the Specific Relief Act, 1963 and the Indian Stamp Act, 1899. The right remedy depends on whether the dispute is about title, possession, a document, or a contract.

Courts can declare title, order possession, cancel documents, enforce sale agreements and grant injunctions. Revenue records are relevant evidence, but they do not by themselves decide ownership.

Limitation periods for property suits vary: suits for possession based on title, for example, generally have a longer period than suits on contracts.