Menu
keyboard_backspace
Consult and get Expert Advice on Property Laws matters from the best Property Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.

Get Expert Advice Online
from Top Lawyers
in India

Read Blogs to get more Insights

Basic Rights of Individuals on Property and the La...

Basic Property Rights of Individuals   With acquisition of Property though nowadays it is...

Posted By

NILANJAN CHATTERJEE

4 months ago

Property Rights of women in India - The current sc...

Though India has become developed in every sense but the mental attitude towards the women or the fe...

Posted By

Nilanjan Chatterjee

9 months ago

{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Property Expert Lawyer in India

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Property
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Consult

anil reddy s

proproitor
Exp
Bangalore , Karnataka

Specialization

  • Property
  • Adoption
  • Advertising
  • Bankruptcy And Debt
  • Debt And Lending Agreement
Total Answers Given : 14
Consult

SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Tax-Income Tax
  • Civil
  • Partnership
  • Real Estate
  • Property
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10
Consult

Prabhakara S K Shetty

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Family
  • Real Estate
  • Will
  • Financial Markets And Services
  • Property
I started practice in Bangalore in year 2000. Handled over 400 cases out of which about 80 cases in High Court of Karnataka writs, civil and criminal petitions, appeals, Public Interest Litigations, KAT and CAR , Lokayukta cases , property , matrimonial matters etc., View Full Profile
Total Answers Given : 604
Consult

ARPIT BATRA

Attorney
Exp
South Delhi , Delhi

Specialization

  • Criminal
  • Commercial
  • Property
I have been working as a Trial Attorney at District Courts at New Delhi. I appear in cases handling cases including those of Matrimonial cases, Accidents, Bodily injury, Compensation, Narcotics, Robbery, Dacoity etc. I hold a Masters Degree in international Crime & Justice from UNICRI View Full Profile
Total Answers Given : 522
Consult

Kalyanraopeddireddi PEDDIREDDI

FORMER DISTRICT & SESSIONS JUDGE NOW ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Intellectual Property, Copyright, Patent, Trademar
  • Arbitration And Mediation
  • Cyber, Internet, Information Technology
  • Landlord And Tenant
  • Property
An experienced Judge who has completed 33 years in Indian Judiciary, retired as District & Sessions Judge, now ADVOCATE, HIGH COURT OF JUDICATURE AT HYDERABAD, ALSO C.E.O OF KALYAN LEGAL EXCEL ONLINE SERVICES for all Citizens & Non-resident Indian giving legal solutions within 24 of asking Query. View Full Profile
Total Answers Given : 10
Consult

Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Property
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
Consult

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Property
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile

Srinivasan Ellappan

Advocate, Madras high court
Exp
Chennai , Tamil Nadu

Specialization

  • Property
  • Government Contracts
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Banking
An experienced and knowledgeable civil servant turned lawyer having immense experience in drafting Government contracts, experience in Arbitration,Tax and service matters. Rich experience in auditing major Public sector undertakings. Having rich knowledge in dealing matrimonial and property disputes View Full Profile
Total Answers Given : 10
Consult

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Property
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
Consult
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is Property Law?
  • What are the Applicable Laws in Relation to Property?
  • Is Registration Compulsory while buying a property?

Property and resources govern the events of humanity. As per Montesquieu, ‘one would forget sooner the murderer of his father than the man who robbed him of his property’. Hence, there are well defined statutes governing interactions involving properties. The major legislation in this regard is Transfer of Property Act. For the scope of this article; Partition, Will, Intangible Property, Succession, etc. shall not be discussed as they are covered under specialised statutes and/or recognised legal practises.

What is Property Law?


Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon.

Laws applicable to Property related Matters?


  • Transfer of Property Act, 1882
  • Indian Easement Act, 1882
  • Registration Act, 1908
  • Stamp Act, 1988
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (at instances of land acquisition)
  • Indian Contract Act, 1872
  • Specific Relief Act, 1963 –Part II

What does Constitution of India Reveal about Property?


Initially, Right to Property was a fundamental right under the Constitution in the form of- Article 19(f) which spoke about the right to acquire, hold and dispose of property, subject to reasonable restrictions & Article 31 which, as originally enacted, said that no person shall be deprived of his property except by authority of law. Forty Fourth Amendment to the Constitution of India, deleted Article 19(1)(f) and Article 31[Article 300-A is now the provision regarding right to property]. The current position of the Supreme Court on interpretation on the right to property can be gleaned from one of the few direct judgements on property after the 44th Amendment, particularly the case of ‘Jilubhai Nanbhai Khachar Etc. v. State of Gujrat And Anr. Etc.’. This case dealt with mines taken by the State under legislated laws from erstwhile revenue farmers and upheld the right of the State to do so under Article 300-A, not entertaining any discussion on adequacy of compensation. Among other things, it is unequivocally held that the right to property under Article 300-A is not a “basic feature or structure of the Constitution” and that the Legislature has power to acquire the property of private person exercising the power of eminent domain by a law for public purpose.

What are the Basic Principal of Property Law?


  • Immovable property does not include standing timber, growing crops or grass as per Section 3 of the Act.
  • Suresh Chand v. Kundan, 2001 – a portion of land with saplings in it was sold. The seller later argues that the objection was to sell land without trees, and asked for a type of compensation for the extra gain which the other party is getting. Court held that in absence of any express/implied intention in the agreement, it would be taken that the land along with saplings standing on the land which subsequently grown into trees were sold.
  • At instances of conflict between Muslim Law & Transfer of Property Act, it is the Muslim Law which shall have prominence.
  • Future properties cannot be transferred, for example, Spes Successionis is a void transfer
  • K. Muniswamy v. K. Venkataswamy – on grounds of sound public policy, total restraint on the right of alienation in respect of immovable property which prevents free circulation is to be held void.
  • Section 108 of the TRANSFER OF PROPERTY ACT, 1882 enumerates the rights & liabilities of lessor & lessee.

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Get the best Lawyer
for your Case
Client Testimonials

Top Responding Lawyers
on Property Laws

Kishan Dutt Kalaskar Retired Judge
Experience: 33 Year(s)
Retired Judge
Bangalore
Deepak Bade
Experience: 9 Year(s)
Lawyer and legal associate
Nanded
Ambrose Leo
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
Vedant Lakhotia
Experience: 3 Year(s)
Legal Counsel
Kolkata
ROBERT D ROZARIO
Experience: 15 Year(s)
Advocate High Court
Kolkata
Rameshwar Dadhe
Experience: 2 Year(s)
As a advocate
Aurangabad
Shanti Ranjan Behera
Experience: 22 Year(s)
Advocate
Bhubaneswar
ARPIT BATRA
Experience: 11 Year(s)
Attorney
South Delhi
Prabhakara S K Shetty
Experience: 19 Year(s)
Advocate
Bangalore
NILANJAN CHATTERJEE
Experience: 5 Year(s)
ADVOCATE
Howrah
Rajender Prasad
Experience: 5 Year(s)
Lawyer
New Delhi
GANESH SHARMA
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
Nirmal Chopra
Experience: 20 Year(s)
Dr
New Delhi
Ashish Dongre
Experience: 12 Year(s)
Advocate
Mumbai City
Manjula Shanmugasundaram
Experience: 18 Year(s)
Advocate
Chennai
Abhimanyu Shandilya
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
Mohd Imran
Experience: 4 Year(s)
Advocate
Faridabad
Vishwabandhu
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
Rajeev RJ
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
Johnson Thangiah
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
Ramalingaiah Mulakatte
Experience: 30 Year(s)
Senior Lawyer
Mumbai City
Ved prakash Shaw
Experience: 38 Year(s)
Advocate
Bhubaneswar
VIMAL K MISHRA
Experience: 15 Year(s)
Advocate High Court
Allahabad
sistla ramakrishna
Experience: 29 Year(s)
Senior Lawyer
Vijayawada
Vimlesh Mishra
Experience: 26 Year(s)
Advocate High Court
Lucknow