Property Law (brief Introduction)

Last updated: September 26, 2025 Type: Article

Property law in India is not a single act but a set of central laws and state amendments governing ownership, transfer, tenancy, land revenue, and registration.

Core Property Laws

Transfer of Property Act, 1882 – Rules for sale, mortgage, lease, exchange, and gift of property.
Indian Easements Act, 1882 – Rights to use another's land (e.g., right of way, right to light).
Indian Stamp Act, 1899 – Stamp duty on property transactions.
Registration Act, 1908 – Compulsory registration of property documents.
Partition Act, 1893 – Division of joint property among co-owners.
Specific Relief Act, 1963 – Legal remedies like possession, injunction, and cancellation of deeds.

Property Rights & Succession

Hindu Succession Act, 1956 – Rules of inheritance for Hindus, Sikhs, Jains, and Buddhists.
Indian Succession Act, 1925 – Succession for Christians, Parsis, and interfaith marriages.
Muslim Personal Law (Shariat) Application Act, 1937 – Muslim inheritance and property division.

Tenancy & Land Laws

Rent Control Acts (different for each state) – Rights of landlords and tenants.
Land Revenue Codes (state-specific, e.g., Maharashtra Land Revenue Code).
Ceiling Acts / Agricultural Land Acts (restricting agricultural landholding, state-specific).

Modern / Special Property-Related Laws

Benami Transactions (Prohibition) Act, 1988 (amended 2016) – Prohibits property held in someone else's name.
Real Estate (Regulation and Development) Act, 2016 (RERA) – Regulates builders and developers and protects buyers.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Acquisition of land by the government.
Ancient Monuments and Archaeological Sites and Remains Act, 1958 – Restrictions on construction near protected heritage property.

FAQs on Property Law

Q1. What is property law?: It governs ownership and transfer, the inheritance and lease of land or buildings, registration, and any disputes associated in reference to land or buildings.
Q2. Which Act regulates property transfer in India?: Transfer of Property Act, 1882.
Q3. Is registration of property compulsory?: Yes, under the Registration Act, 1908, registration is compulsory for many property matters above ₹100.
Q4. What is stamp duty?: This is a tax to be paid to the government on the documents of a property under the Indian Stamp Act of 1899.
Q5. Can agricultural land be bought freely anywhere in India?: No, many states restrict the sale of agricultural land to non-farmers, according to various state laws.
Q6. Do daughters have equal rights in property?: Yes, a daughter has equal rights with a son as a coparcener, under the Hindu Succession Act of 1956 (as amended in 2005).
Q7. Which law governs inheritance for Muslims?: The Muslim Personal Law (Shariat) Application Act, 1937.
Q8. Can property be gifted?: Yes, through a registered gift deed as stated under the Transfer of Property Act, 1882.
Q9. What is Benami property?: Benami property is that property which is purchased in the name of someone else while the payment is made by another person; it is banned under the Benami Transactions Act, 1988 (amended in 2016).
Q10. What is RERA?: The Real Estate (Regulation and Development) Act, 2016, intended to protect the home buyer from unfair practices of builders.
Q11. How is land acquired by the government?: Through the Land Acquisition, Rehabilitation and Resettlement Act, 2013, with compensation and rehabilitation.
Q12. What is easement right?: Right to use another's land, like right of way or right to light, under the Indian Easements Act, 1882.
Q13. What if the property is not registered?: Unregistered property documents cannot be submitted as evidence in court, and ownership remains a disputed one.
Q14. Can NRIs buy property in India?: Yes, except for agricultural land, plantation, and farmhouses (restricted by FEMA rules).
Q15. Who inherits property if a person dies without a will?: Succession is determined by personal laws: Hindu Succession Act, Muslim law, or Indian Succession Act.
Q16. What is the Partition Act, 1893?: Allows the division by law of joint property by co-owners in a court of law.
Q17. Are the tenants easily evicted?: No. The Rent Control Acts protect the tenants, but the landlords can evict the tenants on grounds such as non-payment of rent or personal need.
Q18. Can ancestral property be sold?: Yes, but the unanimous consent of all legal heirs is typically required under succession law.
Q19. What is a lease?: A transfer of property rights for a specified period under the Transfer of Property Act, 1882.
Q20. Is it possible for a property dispute to be resolved without going to court?: Yes, it could be done through mediation, arbitration, or Lok Adalats; however, registration and appropriate documentation are a must.