Yes, it is more beneficial to register an immovable property on a woman’s name, as many states and banks have introduced financial benefits for women buying property. As a result, buying property in a woman’s name can bring many advantages such as:
In order to safeguard the rights of both tenants/licensee and landlords/licensor, you must ensure that you have a written rent agreement. While finalising this agreement, it is very important to read all the terms mentioned in it.
These terms not only decide your rent amount and security deposit but also covers many other important aspects such as maintenance of the house/property you are leasing, payment of relevant bills, notice period of leaving, etc.
Ensure that the following provisions are present in your agreement (lease or leave and license agreement):
- Names of Tenant/Licensee and Landlord/Licensor
- Purpose of Agreement
- Duration of Agreement
- Rent Amount
- Date of Payment of Rent
- Security Deposit Amount
- Maintenance Amount
- Assignment of Responsibility of Repairs
- List of Furniture/Fittings/Other items
- Notice for Termination of Agreement
- Notice for Landlord’s Entry into Premises
- Declaration to Abide by All Bye-laws of the Society/RWA
- Declaration to Not do Illegal Activities
- Declaration to Sub-let Only With the Permission of the Landlord/Licensor
- Courts to Approach for Dispute Resolution
- Rate of Increment of Rent After a Certain Period, if any.
- Signatures of Landlord/Licensor or Tenant/Licensee
- Signatures of Two Witnesses
If someone encroaches or trespasses on your property or a construction extends beyond the boundary line, there are three ways to resolve it.
Trespass: If someone enters your property:,
- with the intention to commit an offence or to intimidate, insult or annoy you, or
- enters lawfully but remains there unlawfully,
it can amount to criminal trespass under the Indian Penal Code(( Section 441 of the Indian Penal Code defines Criminal Trespass.)). You can file a criminal complaint against them.
Demarcation of property: The second option is to demarcate the land, by building walls or fences. It fixes the boundaries of the land, assures the protection of the demarcated land and keeps invaders away.
Civil suit for encroachment of property: The third option is to move an application in a civil court and seek orders against the encroachment. You can ask for a permanent injunction stopping anyone from disturbing your possession of land.
In order to transfer property to an unborn person, you must first transfer the property to a living person, which is usually done through the creation of a trust, until the unborn person comes into existence. This creates a vested interest in favour of the unborn person.(( Section 13 of the Transfer of Property Act, 1882.)) For instance, if A is pregnant with a child, a trust can be created in the interest of the child and this trust will hold the property until the birth of the child. The trustee will essentially act as the unborn child’s proxy until the child is born. To put it simply, the property sits with someone untouched until the birth of the person to whom it was transferred. The trust simply holds the property till that time.
Renting a house or a flat involves many processes and procedures. You can be taken advantage of if you are not aware of these processes or procedures. Please read the following to safeguard yourself while renting a house:
Easements or right of way is an owner’s or occupier’s right over other land, not his own, which allows them to enjoy their own property(( Section 4 of the Indian Easements Act 1882)). It includes the right to pass over the land of another person uninterruptedly to enjoy one’s own land. If there is obstruction of this right, you can sue for an injunction to stop the obstruction or for damages.
A gift is a transfer of movable or immovable property without consideration, i.e., without money. When a transfer of immovable property happens without any payment made while receiving such property, it is considered to be a gift. In such cases, the parties who give and receive property are known as Donor and Donee. For a gift of immovable property to be valid under the law, the transfer must be:
- Done through a registered legal instrument signed by or on behalf of the donor
- Attested by at least two witnesses(( Section 123 of the TP Act.)).
Once it is signed and registered as per the due process of law, a gift deed cannot be revoked or taken back, except if the Donor and Donee agree beforehand that such revocation shall happen in certain conditions.
It is ideal to have an agreement or contract when you renting a house or giving your house on rent so that:
- When there are any disagreements regarding money, utilities, and repairs, etc. the details of the contract would be enforceable and helpful for you.
- When you want to file a complaint with the police/court you can show the written agreement/ contract as proof.
- As a tenant/licensee, you can show your rent agreement as evidence of temporary residence.
Your rights and duties, whether as a landlord/licensor or a tenant/licensee, largely depend on the kind of agreement you sign for the purpose of renting a house. There are two kinds of agreements that are used for renting a property for residential purposes. They are:
Ownership rights on land can be acquired by succession, survivorship, inheritance, partition and purchase. Disputes can arise out of objections about validity of rights of owner/seller or eligibility of purchaser and breach of government rules and regulations to hold the land. The manner in which these disputes are dealt with, is very specific to the facts of each case and needs specialized domain knowledge. It is important to consult a lawyer before taking any steps towards litigation. There are ways to check buyer and seller eligibility in a transaction of sale of immovable property. More information on how to check the eligibility is available here
You can approach the court to raise disputes over land and property for various reasons including claim on ownership, contestation over land acquisition, disagreement / disputes over real estate transactions, conflict over property inheritance, and misuse of rented property among others. There are different laws and procedures which explain how an individual can seek redressal on these issues, depending on the particular circumstances under which the dispute arises. Such issues are better dealt with through lawyers specializing in land disputes. However, it is best to conduct your due diligence beforehand to make sure that your property is not stuck in a court dispute. Please talk to a lawyer or ask us any questions through the Ask Nyaaya Helpline.
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