Property Laws

Property and resources govern the events of humanity. The major legislation in this regard is Transfer of Property Act.

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& Article 31 which, as originally enacted, said that no person shall be deprived of his property except by authority of law.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].

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.
  • 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 Succession is a void transfer
  • Section 108 of the TRANSFER OF PROPERTY ACT, 1882 enumerates the rights & liabilities of lessor & lessee.