PROPERTY MATTERS IN THE SUPREME COURT OF INDIA
How to file Property Matters in the Supreme Court of India?
Through the best lawyer in the Supreme Court
Ø Study of documents pertaining to title/ownership rights.
Ø Counseling, advising and formulation of strategy on the property matter in dispute.
PROPERTY MATTERS –
Both state laws and central laws govern the real estate laws and regulations in the country.
The property laws in India have gone through a lot of changes and developments over time and are regulated through various acts and regulations. The Constitution, lays down the structure of property laws in the country ensuring that individuals have the authority to own, possess and dispose of property as a constitutional right. The Transfer of Property Act 1882 (TPA) serves as the primary legislation governing property law in India. Over time these laws have been regularly updated to keep up with the dynamic environment of our legal system.
Property, in a legal sense means any form of interest or right over in a thing. That thing can be tangible/intangible, moveable/immovable etc.
Property law is the set of rules and regulations that governs how a property can be acquired, owned utilized and alienated. It encompasses a range of subjects such as transfer of property procedures, contract act principles and inheritance laws, among others.
1. Transfer of Property Act, 1882:
The Transfer of Property Act is a law, in India that governs and establishes guidelines and procedures for the transfer of property more specifically, immovable property like land and real estate. It sets out the principles and procedures for transferring property through means such as sale, mortgage, lease, gift and exchange. Its primary purpose is to facilitate the transfer of property, from one individual to another.
2. Partition Act of 1893:
The Partition Act of 1893 is significant, in the realm of property law because it addresses the challenges that arise when properties owned jointly need to be divided among its co-owners. This legislation provides a framework that helps both courts and individuals navigate the complexities of partition cases ensuring a fair distribution of property rights.
3. Indian Succession Act, 1925:
The succession law sets out the guidelines, for how property’s distributed when someone dies either with or without a will. The Indian Succession Act of 1925 specifically deals with cases involving a written will (testamentary succession). However, if there is no written will, the laws regarding intestate succession or unwilled succession outlined in the Hindu Succession Act of 1956 would apply.
4. Hindu Succession Act, 1956
Hindu Succession Act governs the Hindus as the name suggests. According to the Act, the person who converts into any other religion can still claim his share in the ancestral property but the child of the converted person cannot.
5. Muslim Personal Law (Shariat) Application Act, 1937
The Muslim Personal Law (Shariat) Application Act applies in the case where both the parties are Muslims. Even if the son has converted into another religion, he is the biological son who has a right to claim over the ancestral property. The act also states that if the child is born out of wedlock, he has the right to claim over the ancestral property
6. Land Acquisition Act, 1894
This Central Act was enacted to amend the law for the acquisition of land for public purposes and companies. It contains provisions relating to the acquisition of land needed for public purposes and for determining or assessing the amount of compensation that is required to be payable for such acquisition in a speedy method by the collector
METHODS OF THE PARTITION OF ANCESTRAL PROPERTY:
Following are methods to partition an Ancestral Property:
1. Partition by mutual agreement
1. Partition by mutual agreement
Partition of the property by mutual agreement can be done by Partition Deed or Family settlement. Partition Deed- Partition Deed divides the property between the co-owners of the property. This deed is prepared in order to divide the property so that each person gets an absolute title over his own part of the property.
2. Partition through Court
Before filing a partition suit, a legal notice must be served to all the co-owners specifying their interest in the property, their share, and the action to be taken and try to settle the dispute. Even after this, if the dispute is not settled, then a civil suit is filed before the Court.
3. Partition through Will Probate
Probate is a copy of the Will certified under the seal of the Court. Probate can be granted only to the executor under the Will as stated under Section 222 of the Indian Succession Act, 1922.
RIGHTS OF PROPERTY OWNERS:
Ownership encompasses several rights and responsibilities, including:
Right to ownership and possession: The right to own, possess, and utilize property is the principal legal right of a property owner. The right to actual possession of the property and the prohibition against unauthorized use or access belong to the owner. As long as the use is legal, they are free to occupy it, rent it out, or give it to others.
Right to Transfer: The property owner may give another person ownership of the asset through a sale, gift, lease, or inheritance. These transfers, though, can be subject to particular regulatory requirements and taxation.
Right to Exclude: The owner has the authority to bar anyone from using or entering the property without permission.It may be illegal to trespass or enter property without authorization.
Right to Enjoyment: Property owners are free to make any use of their property. This includes the ability to enjoy the returns on their investment, modify the property in accordance with local building rules, and access and utilize amenities.
Right to Privacy: While an owner’s right to privacy is guaranteed inside the bounds of their property, there are several circumstances in which this right may be curtailed, such as when law enforcement has a good cause to search the land.
Right to Inheritance: Property owners have the option to bequeath their holdings to heirs through a will or in line with applicable succession laws. The right of legal heirs to inherit property is also recognized.
Statutory Rights: In the event that their property is seized for public use, owners of real estate are entitled to legal recourse and a range of legal safeguards against the government acquiring land without their permission.
ADVOCATE JAYPRAKASH SOMANI has published 61 books on different matters of Supreme Court’s latest leading case laws and two books are related to Matrimonial Matters. Name of the book is given below:-
List of Adv. Jayprakash Somani’s Books
1. Property Matters - Supreme Court’s Latest Leading Case Laws
2. . TRANSFER OF PROPERTY ACT- Supreme Court of India’s Leading Case Laws
Books are available online in India
1. Notion Press: https://notionpress.com/author/jayprakash_somani
2. Amazon: https://www.amazon.in/s?k=jayprakash+somani
3. Flipkart: https://www.flipkart.com/search?q=Jayprakash%20Somani
Books are available online at International Market
4. Amazon International: https://www.amazon.com/s?k=jayprakash+somani
5. Amazon United Kingdom: https://www.amazon.co.uk/s?k=jayprakash+somani
6. E-Books/Kindle edition at National & International Level: https://www.amazon.in/s?k=jaypraksh+somani