Property laws comprise a wide gamut of laws – central and state laws including relevant Government Orders and Revenue Codes framed by state governments. The subject is vast and needs in-depth knowledge but thanks to some of the best real estate lawyers in Hyderabad, TKP Associates have specialists dealing with cases related to property laws.Besides experience in this specific area of law, what sets the best lawyers for property disputes apart is their analytical understanding of the following laws related to the subject.
Indian Stamp Act, 1899: The British-era law authorises the state government to collect stamp duty on property-related transactions entered into between parties on documents including agreement of sale, mortgage deed, gift deed and lease deed. The Indian Stamp Act, 1899 is an important source of revenue for the government and has evidentiary value in a court of law.
The Registration Act, 1908: The main objective of this law is to maintain clear land records with the government. Under section 17 (1) of the Registration Act, 1908, Registration is compulsory in case of acknowledged receipt or payment of any consideration on account of creation, declarations, assignment, limitation or extinction of any right, title or interest in immovable property.
This law creates rights and obligations on the persons executing documents for immovable properties and any lapses can become a crucial matter in any land dispute case. For instance, under section 23 of the Registration Act, the document should be submitted for registration within 4 months from the date of execution.
Limitation Act, 1963:
The Limitation Act bars any remedy in a Court of law if the period of limitation has expired. Under section 3, the Limitation Act says that any suit, appeal or application must be made within the period of limitation as specified in Limitation Act. This Act becomes crucial in some cases.
Under section 5 of the Limitation Act, the court can grant an extension of the limitation period in certain cases on the sufficient cause to condone the delay in filing the case or suit. This principle is known as the doctrine of “sufficient cause” for condonation of delay.
Indian Contract Act, 1872:
The Indian Contract Act is one of the laws that may feature prominently in case of property disputes. There are instances where one of the contracting parties may become a victim of “Undue influence” or “fraud” committed by the other party. In such instances, one has to seek legal remedy in a court of law.
For instance, section 16 of the Contract Act treats a contract as caused by “undue influence” if one of the parties is in a position to
dominate the will of the other contracting party and uses that position unfairly for profit. The burden of proof falls on the dominating party. Similar complications may arise while understanding what amounts to fraud committed by a party.
We at TKP Associates have some of the best property document verification lawyers in Hyderabad well-versed in the subject.
Transfer of Property Act, 1882:
This law deals with moveable and immovable property transfers by individuals and companies. The Transfer of Property Act, 1882 says that moveable property can be transferred through the delivery of possession or one can do it through registration.
Whereas in the case of immovable property, if its value is more than Rs 100, it can be transferred only through a registered document. The Transfer of Property Act can raise some complicated scenarios in cases. For example, restraining the recipient from enjoying the property or imposing conditions on the recipient/beneficiary.
Depending upon the scenario, such conditions may make the transfer of property invalid unless it comes under some exception to the rule.
Indian Easement Act, 1882:
The Indian Easements Act, 1882 defines the rights and duties of property owners. The law deals with issues such as the right of passage through the land, or right to draw water from a place or the right to natural light or air.The Act often leads to land disputes if one of the land users terminates the easement of others. Sometimes, the easement rights can be terminated if specific conditions are fulfilled.
Real Estate (Regulation and Development) Act, 2016 (RERA)
The Real Estate (Regulation and Development) Act, 2016 (RERA) protects the interests of flat buyers from unscrupulous builders and real estate industry players with clear transparent rules in the entire process. It provides a level-playing field for all the stakeholders and regulates the real estate industry.
Sometimes, disputes may arise under this Act if there is a delay in the timely completion of projects and delivery of possession. The Act applies to RERA-certified projects only.
Land Revenue Codes
The main purpose of Land Revenue Codes is to resolve ownership disputes over land besides helping state governments to collect and manage land revenue in a transparent manner. Every state has its own land revenue code for managing tenancy and rights of landowners. Here are some examples of Land Revenue Codes enacted in Telangana state.
