Under Indian laws, immovable property includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.(( Section 2 (6) of the Registration Act, 1908)) Due to the fact that land is a state subject under Schedule VII of the Indian constitution, the laws governing immovable property vary from state to state.
It is illegal to take over any land that is owned or controlled by, or allotted to any SC/ST member as well as forcing an SC/ST member to leave her home unless it is done legally.
The takeover of the property is considered illegal if it is done
- without the agreement of the victim, or
- by threatening her or someone connected to her, or
- by making false records.
It is also a crime to similarly illegally deprive an SC/ST member of his property or to prevent him from exercising his rights over any land. This includes:
- Blocking an SC/ST member from accessing any forest rights under the Forest Rights Act.
- Blocking rights to any water source or irrigation source.
- Destroying or taking away crops.
You can face imprisonment of a term of 6 months to 7 years for using fire or bombs to damage homes, religious places and/or property belonging to SC/ST members. You can report such crimes.
Steps to Take for Negotiation with Landlord
Ask for Identity Proof
You can ask the landlord/licensor for identity proof so that you can confirm that the landlord is the owner of the house or has the permission of the owner to rent the property. The purpose of asking for identity proof is to check whether the person is who they claim to be. Some of the most common identity cards used are Aadhaar card, Driving License etc. The ID card must have the picture as well as the permanent address.
Negotiate Rent and Security Deposit
Negotiate the rent and security amount with him and try to ask for the receipts for both. In some cases, the brokers can be very helpful while trying to negotiate the rent, so you can also request him to accompany you during the rent negotiations.
Negotiate Requirements in the House
While inspecting the house if you have come across any changes or additions to be made, you should tell your landlord before signing the contract. It is helpful to do it before as you will know whether the landlord is open to negotiations for the requirements you want and to assess whether you are getting your house for the best price. Make a list of repairs and installations so that your landlord can look into them.
A will is a written document a person makes to describe how their assets and wealth are to be distributed among their descendants. The making and execution of wills is governed by the Indian Succession Act of 1925, which applies to all religions except Islam.
Drafting a last will and testament ensures that your property is safely and securely distributed amongst your beneficiaries, as per your wishes. This would avoid intestacy and minimize the chances of a dispute over right of inheritance and avoid long-drawn court processes. You need to name an executor (who will carry out all the proceedings of the will) and a legal guardian for your children if they are minors.
To know more, do read the Nyaaya explainer on Wills.
The purpose of registering transfer of immovable property is to record the signing of the document. The ownership and transfer become legal only after registration, i.e. the ownership of the property is rightfully transferred only upon registration before the sub-registrar. Another significant benefit of paying registration fees and stamp duty is that the same are eligible for tax exemption under Section 80C of the Income Tax Act, 1961.
Partition disputes refer to disputes around dividing the property of a Hindu Undivided Family as per the Hindu law of inheritance, i.e., Hindu Succession Act 1956.
There are two ways to resolve disputes about property partition: a family settlement agreement and a partition suit.
Family Settlement Agreement
A family settlement is a an agreement among family members, usually made to avoid court battles, by splitting up the family property through mutual understanding among the family members. It follows the same format as that of a partition deed. It is not mandatory to register and stamp the family settlement agreement. However, all family members should sign it voluntarily, that is, without any fraud or coercion or undue pressure from any family member or anyone.
Partition Suit
A suit for partition of property, is a court case filed when the family members cannot agree on the terms and conditions of dividing the property. In such cases, the family members usually want to divide the property according to their shares in it. The first step here is to carefully draft and send a legal notice to the other legal heirs of the property related to family property partition/ settlement.
Property or land registration in India involves(( Section 17 of the Registration Act, 1908)):
- paying stamp duty and the registration fee for sale deed, and
- having the documents legally recorded with the sub-registrar of the area where the property is located. At the time of registration, the authorised signatories of the seller and the purchaser have to be present along with two witnesses.
Stamp duty varies depending on the area where the property is located. For eg: In Mumbai, the stamp duty is 5% of the total property value, which includes 1% metro cess(( https://housing.com/news/maharashtra-stamp-act-an-overview-on-stamp-duty-on-immovable-property/)). Usually, the seller is responsible for registration of the transfer of immovable property, and the purchaser is responsible for the payment of stamp duty.
Today, most states have their own web portals for property registration and the payment of stamp and registration fee. It does however require the buyer to physically visit the office of the sub-registrar with the documents, once the online process is completed. Also, the user-friendliness and the number of services one can seek from these portals varies from state to state. For eg: the Delhi government has multiple portals that an individual would have to go through to complete the registration process, but there are plans to introduce a single window portal soon(( https://housing.com/news/property-registration-online-in-delhi/)).
You must take certain precautions while renting a house. While trying to enter into an agreement to rent a house/flat, often the legal procedures for rent are not followed properly.
However, since it is a contract and involves an exchange of property and money it is important to understand the following while going through the processes of renting:
Your relationship with your landlord/licensor/tenant/licensee is a contractual relationship. This means that your legal relationship is based on negotiation and establishing clear terms.
However,
The principle of negotiation and establishing clear terms applies to both types of agreements, irrespective of these protections that are available.
You should ensure that you keep proof of what has been agreed upon or of any payments that have made.
This can be done by:
- Having a written copy of an agreement
- Having in writing anything discussed verbally either on paper/Whatsapp/Email/Messages (if possible) and
- Keeping receipts for any payments (if possible)
This ensures that if any person disputes any payment or agreed terms you can show proof the payment of agreed terms.
If there is a dispute between owners who have land next to each other about the measurements of their plots, they can resolve it by getting assistance from the government surveyor to conduct a joint survey. The ownership documents and the information in the revenue records have to be looked into while settling such a dispute. You can find them in the Record of Rights (RoR) at your local tehsildar’s office or online, if the state has digitized RoRs available. Any encroachment by one party on the land of another has to be removed. For instance, such encroachments may consist of building a fence that trespasses into another’s property, extending a building beyond one’s own property boundaries, overhanging tree branch protruding into neighbors’ property which could potentially cause injury/damage, etc.
If that is not done, the aggrieved party can go to court.
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