Property law in India encompasses a wide range of legal issues related to ownership, transfer, and rights over immovable and movable property. The legal framework governing property in India is derived from various statutes, judicial decisions, and customary laws.

Key points to understand regarding property law in India:

1. Types of Property

• • Movable Property: Refers to property that can be moved, such as vehicles, goods, and personal items.
  • Immovable Property: Refers to property that cannot be moved, such as land, buildings, and real estate. The law governing immovable property is more detailed and complex.

2. Ownership and Title

• • The ownership of property in India is governed by the concept of title, which refers to the right of a person to possess and use the property. A person can acquire title to property either by purchase, inheritance, gift, or adverse possession.
  • Proof of Ownership: The title of property is often established through documents like sale deeds, wills, and inheritance records. Title can be challenged if it is not clear or legitimate.

3. Transfer of Property Act, 1882

• • The Transfer of Property Act, 1882 (TOPA) is the key legislation governing the transfer of immovable property in India.
  • Transfer of Property: According to this Act, the property can be transferred through sale, mortgage, lease, gift, and exchange, subject to certain legal formalities.

4. Registration of Property

• • Registration Act, 1908 mandates the registration of certain types of documents, especially related to immovable property.
  • Sale deeds, lease agreements, and mortgages must be registered to be legally enforceable. Registration provides public notice of the transaction and helps avoid disputes regarding ownership.

5. Adverse Possession

• • Under the Indian law of adverse possession, a person can claim ownership of a property if they have continuously possessed it for a period of 12 years (in the case of private property) or 30 years (in the case of government property), without the consent of the original owner.
  • The possession must be continuous, exclusive, and without the rightful owner’s permission.

6. Hindu Succession Act, 1956

• • Under this Act, property is transferred through coparcenary rights (joint family property) or Will (individual property).
  • Daughters have equal rights as sons in ancestral property, as per the 2005 amendment to the Act.

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

• • RERA aims to bring transparency to the real estate sector by regulating property developers, brokers, and real estate projects.
  • RERA requires builders to register projects and provide details about completion timelines, financial status, and legal obligations to buyers. It also provides mechanisms for addressing grievances in real estate transactions.

8. Lease and Tenancy Laws

• • Rent Control Acts: Various states in India have enacted Rent Control Acts, which regulate rent and eviction of tenants as per State Norms. 
  • These laws provide protection to tenants against unfair eviction, excessive rent hikes, and ensure that landlords follow legal procedures for termination of tenancy.

9. Co-ownership and Joint Tenancy

• • When multiple people own a property together, it can either be in the form of joint tenancy or tenancy in common.
  • In joint tenancy, the co-owners have equal rights to the property, and upon the death of one owner, the surviving owners inherit the deceased’s share.
  • Tenancy in common allows co-owners to own unequal shares, and the property can be divided upon the death of an owner according to their will or the laws of succession.

10. Title Disputes and Litigation

• • Disputes regarding property titles are common in India and often lead to lengthy litigation. Courts resolve these disputes based on evidence such as registered documents, possession records, and testimonies.
  • Legal principles such as burden of proof and limitation periods play an important role in resolving property disputes. Time limits for filing a suit related to property are governed by the Limitation Act, 1963.

In conclusion, property law in India is an intricate web of various statutes, legal principles, and judicial precedents. Understanding key aspects of property rights, inheritance laws, and the legal processes involved in property transactions is essential for both property owners and professionals involved in real estate.