Property Law
Succession, partition, conveyancing, lease, mortgage and title, navigated under the RERA framework.
Lawyers at RCIC have experience of more than three decades in property-related matters, including succession, conveyancing, rent, lease, mortgage, and the buying and selling of real estate, among others. The main aim of our lawyers is to best serve clients by providing them cost-effective, practical solutions in a timely manner.
The property-law domain has transitioned recently with the enactment of the new RERA law. With their vast experience and acumen, our expert lawyers have handled a variety of cases involving both movable and immovable property. From partition and succession to sale-purchase, mortgage and other forms of transfer, our lawyers can guide you in all important matters. We explain the law to the client and make technical jargon easy to understand.
The applicable laws
The laws generally called into practice by our property lawyers include:
- Code of Civil Procedure
- Hindu Succession Act
- Indian Succession Act
- Muslim Law
- Transfer of Property Act
- Rent Control Act
- The WAKF Act
- Land Acquisition, Rehabilitation & Resettlement Act
- Indian Contract Act
- Registration Act and Stamp Act
Matters we handle
- Ownership structures and title matters
- Purchase or sale contracts and allied litigation
- Major construction disputes
- Vendor disputes
- Commercial and retail leasing, and land leases
- Conveyancing, drafting and vetting of agreements
- Due diligence, title search and investigation of title
- Registration of real estate at Sub-Registrar offices
- Obtaining approvals, permissions and licences from the authorities
- Matrimonial property and partition disputes
- Rent disputes and succession disputes
- Wills and the legality of a will
Questions, answered.
Common questions on property law. For anything specific to your matter, write to the firm.
What does inheritance mean?
Inheritance means the devolution of property to a relative after the death of its owner. A person may inherit through a will (testamentary succession), where property is distributed as the will dictates, or through the laws of intestate succession, which apply when the owner dies without a will. Both ancestral and self-acquired property can be inherited. Personal laws such as the Hindu Succession Act, 1956 and the Muslim Personal Law (Shariat) Application Act, along with the Indian Succession Act, 1925, apply.
What is partition?
Partition means dividing property into different shares and distributing it amongst the rightful shareholders. A property can be partitioned in three ways: by a partition deed (executed on stamp paper and registered), by a family settlement (a peaceful division through negotiation that prevents future litigation), or by instituting a suit in the court with the required jurisdiction where the family cannot agree.
Which law governs partition in India?
Partition of a Hindu family is governed by the Hindu Succession Act, 1956 and the Hindu Partition of Property Act.
Who can file a suit for partition?
There is no restriction on who can file. Any owner, or several co-owners together, may file a suit for partition. Any person who believes they have a share in the property and wishes to obtain it, while other members contest, can institute a suit to seek redress.