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Property Matters Handled by the Supreme Court of India

Property Matters Handled by the Supreme Court of India

  • 18 Feb 2025

Property Matters Handled by the Supreme Court of India

By Jayprakash B. Somani, Advocate, Supreme Court of India

If you have a property dispute that has reached the Supreme Court, the outcome depends largely on how well the case is presented. This includes strong legal arguments, proper research, and a well-drafted petition. A Special Leave Petition (SLP) must clearly state the legal issues and highlight why the case deserves the Supreme Court’s attention.

The Supreme Court of India handles various property disputes under different laws. Here are some key laws that apply to property cases:

1. Transfer of Property Act, 1882

  • Defines how property can be legally transferred.
  • Covers the sale of property and rights of the seller/buyer.

2. Indian Succession Act, 1925

  • Deals with the validity of wills.
  • Explains how a Hindu male can distribute his property through a will.

3. Specific Relief Act, 1963

  • Covers legal action when someone does not fulfill a property-related contract.
  • Includes cases where a person seeks a court order to stop another from interfering with property rights.

4. Hindu Succession Act, 1956

  • Gives daughters equal rights in ancestral property.
  • Defines how a woman’s inherited property is managed.

5. Land Acquisition Act, 2013

  • Governs how the government acquires land for public purposes.
  • Includes rules about compensation for landowners.

6. Registration Act, 1908

  • Lists documents that must be registered to be legally valid.
  • Explains the consequences of not registering important property documents.

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

  • Protects homebuyers from unfair practices by real estate developers.
  • Handles disputes related to delayed possession, fraud, or unfair agreements.

How the Supreme Court Helps in Property Cases

The Supreme Court plays a crucial role in deciding property disputes. It resolves issues related to ownership, inheritance, land acquisition, and real estate dealings. Its judgments create legal precedents, which means they guide how future property cases are decided in India.

If you have a property dispute that has reached the Supreme Court, it is important to have an experienced lawyer who can present your case effectively.

Contact:
Jayprakash B. Somani
Advocate, Supreme Court of India
9322188701, 8459194576
www.jayprakashsomani.com