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India has many property laws, including those that regulate the transfer of property, real estate, and inheritance:
•Transfer of Property Act, 1882
Regulates the assignment of property in India, including specific conditions for transfer.
•Indian Succession Act, 1956
Also known as a "probate mandatory" law, this act governs the transfer of property and requires a probate deed to transfer property. It also governs inheritance laws among Hindus, including the distribution, partition, and inheritance of joint family and separate property.
•Real Estate (Regulation and Development) Act, 2016 (RERA)
Regulates the real estate industry in India, with the goal of protecting homebuyers' interests. This law requires developers to register their projects with the appropriate authority.
•Indian Registration Act
Requires the registration of all properties purchased in India to prevent fraud, safeguard evidence, and ensure ownership.
•Indian Easement Act, 1882
Covers the right of easement, which is a non-possessory right to enter another person's real property. Easements can be temporary or permanent, and can be continuous or discontinuous, apparent or not apparent.
•Property Inheritance Under Muslim Personal Laws
Governs the inheritance and succession of Muslims in India. Muslims can make wills through oral declaration, but if the will exceeds one-third of the testator's property, it's only valid if the other heirs consent.
>>Other property laws in India include<<
•Indian Contract Act, 1872
Regulates Indian contract law, based on the principles of English Common Law
•Indian Stamp Act, 1899
Governs stamp duty, a tax levied by the government on the purchase of property
FAQ:-
- How is property divided in family law in India?
According to the property distribution law in India, In case there is no will present after a person's death, then their property and valuables are divided among their successors in an equal ratio. Each heir gets their share as per Class division. There are class 1 heirs, class 2 heirs, Agnates, and cognates.
- Can father refuse to give property to son?
Yes, a father can deny property to his son, but only if it is a self-acquired one.
- Can a married sister claim father's property?
Yes,the marital status is irrelevant to claim of father's property. But person have to be a Hindu for this. Since 2005 amendment in Hindu Succession Act, now Hindu women has equal rights in claiming their ancestral property as that of Hindu men
- In what situations are daughters not eligible for property?
A daughter cannot claim her right over her father's property when the property is self-acquired by her father, and he has transferred it to his sons or grandsons while being alive.
- How to Claim Your Share In Ancestral Property In India?
His/her share can only be claimed after his/her demise. However, the father/mother can relinquish his/her right of joint possession and go for partition of the property during his lifetime. If partition happens during the father's/mother's lifetime, each coparcener including the sons will get separated shares
In India, you can claim your share in property by:
>>Applying for a succession certificate
You can apply for a succession certificate in the civil or high court that has jurisdiction over the property or your place of residence. Once the court grants the certificate, the property can be transferred in your name.
>>Filing a partition suit before the court
You can file a partition suit in the court that has jurisdiction over the property location. You'll need to pay the necessary court fees and submit a petition along with supporting documents. After filing the petition, the court will schedule hearings and notify all parties involved.
- What documents required to claim ancestral property?
To claim ancestral property in India, you may need to provide documents such as:
•Proof of lineage: Documents that show your relationship to the original owners of the property
•Title deeds, land records, and other documents: Documents that show the property's history and ownership
•Legal documents: Documents such as wills, gift deeds, or partition deeds, if applicable
•Court orders or judgments (If any/if applicable): Documents that are relevant to the ancestral property dispute
•Old property records, revenue records, and genealogical charts: Documents that can help establish the property's ancestral status
You can claim ancestral property through a verbal agreement with other coparceners, an informal family settlement, or by executing a partition deed. A partition deed is a legal document that divides property among its co-owners. If other coparceners aren't willing, you can file a civil suit for partition.
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