Practice Area
Property & Real Estate
End-to-end property legal solutions
State/UT RERA authorities established
Minimum title search period we recommend
Funds builders must keep in RERA escrow
RERA complaints resolved across India
Overview
Property and real estate law in India is an extraordinarily complex domain shaped by a patchwork of central and state-level legislation, customary practices, and evolving jurisprudence. Land and property matters touch upon constitutional provisions (the right to property under Article 300A), central statutes like the Transfer of Property Act, 1882 and the Registration Act, 1908, state-specific tenancy and land reform laws, and the transformative Real Estate (Regulation and Development) Act, 2016 (RERA). At NyaySevak, our property law practice provides end-to-end legal solutions—from pre-purchase due diligence to dispute resolution and post-transaction compliance.
India's real estate sector is one of the largest contributors to the GDP, and with increasing urbanization, property transactions have grown in both volume and complexity. Issues like unclear titles, benami (fictitious) ownership, encroachments, unauthorized constructions, delayed possession by builders, unfair agreements, and fraudulent registrations are endemic. Our team has deep expertise in conducting multi-layered title verification spanning 30+ years of ownership history, identifying encumbrances, liens, and pending litigation, and ensuring that our clients make fully informed property decisions.
For homebuyers affected by delayed or stalled projects, we provide aggressive representation before RERA authorities, Appellate Tribunals, and the National Consumer Disputes Redressal Commission (NCDRC). For landowners facing acquisition, we ensure fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Our documentation services cover the entire lifecycle of property ownership—from agreement to sell and sale deed drafting to mutation, property tax management, and estate planning through wills and trusts.
Governing Framework
Key Legislation & Statutes
What We Offer
Our Property & Real Estate Services
Property Title Verification & Due Diligence
Comprehensive title search and due diligence covering 30+ years of ownership chain, verification at the Sub-Registrar's office, revenue records (7/12 extracts, khatauni, patta), encumbrance certificates, litigation search, and RERA compliance verification for new projects.
Sale Deed, Gift Deed & Lease Deed Drafting
Professional drafting of all property transfer documents including sale deeds, gift deeds, lease and leave-and-license agreements, collaboration agreements, and joint development agreements. Each document is tailored to protect our client's interests and ensure compliance with applicable stamp duty and registration requirements.
Property Registration Assistance
End-to-end support for property registration including stamp duty calculation, e-stamping, document preparation, biometric verification, and representation at the Sub-Registrar's office. We also handle post-registration formalities like mutation of revenue records and updating property tax records.
RERA Matters & Builder Disputes
Filing complaints before RERA authorities for delayed possession, defective construction, deviation from sanctioned plans, refund of deposits with interest, and non-compliance with builder-buyer agreements. We handle matters before RERA authorities across all states and RERA Appellate Tribunals.
Land Acquisition Cases
Representing landowners in acquisition proceedings under the Right to Fair Compensation Act, 2013, challenging inadequate compensation, filing references for enhancement before the Reference Court, and pursuing appeals. We also handle rehabilitation and resettlement claims for displaced families.
Will Registration & Probate
Drafting legally sound wills, registering them at the Sub-Registrar's office, and filing probate applications before the competent court. We also handle contested probate proceedings, challenges to the validity of wills, and succession certificate applications for intestate estates.
Mortgage Documentation & Disputes
Drafting and reviewing mortgage deeds, equitable mortgage documentation, and security interest creation documents. We represent borrowers in disputes with banks and financial institutions regarding mortgage enforcement, SARFAESI proceedings, and property auction challenges.
Tenant-Landlord & Rent Control Matters
Advisory and litigation under state-specific Rent Control Acts, eviction petitions, fair rent determination, protection against illegal eviction, and handling matters before Rent Controllers and Appellate Authorities.
Jurisdictions
Relevant Courts & Forums
Quick Reference
Services at a Glance
Common Questions
Frequently Asked Questions
How do I verify the title of a property before buying it in India?
Title verification involves multiple steps: obtaining certified copies of all registered documents from the Sub-Registrar's office for at least 30 years, checking revenue records (7/12 extract in Maharashtra, khatauni in UP, patta in Tamil Nadu), obtaining an encumbrance certificate from the registration authority, verifying approved building plans with the local municipal authority, checking for pending litigation in court records, and confirming RERA registration for under-construction properties. We strongly recommend engaging a lawyer for this process.
What is RERA and how does it protect homebuyers?
The Real Estate (Regulation and Development) Act, 2016 (RERA) is a landmark legislation that protects homebuyers by mandating registration of all residential projects above 500 sq. meters or 8 apartments, requiring builders to deposit 70% of project funds in an escrow account, prohibiting sale before RERA registration, ensuring timely delivery with interest for delays, and establishing a fast-track adjudication mechanism. Each state has its own RERA authority—MahaRERA, UP-RERA, HRERA, etc.
What is stamp duty and registration charges for property in India?
Stamp duty is a state-level tax on property transactions, typically ranging from 3% to 8% of the property's market value or transaction value (whichever is higher). Registration charges are usually 1% of the property value, capped at a maximum amount in most states. Some states offer concessions for women buyers (e.g., Delhi charges 4% for women vs 6% for men). E-stamping and franking are the common methods for stamp duty payment, and payment must be made before or at the time of registration.
Can NRI buy property in India and what are the rules?
Yes, NRIs and PIOs can purchase residential and commercial property in India under the FEMA (Foreign Exchange Management Act) regulations and RBI guidelines. They can buy any number of residential or commercial properties but cannot purchase agricultural land, plantation property, or farmhouse without RBI permission. Payment must be made through NRE/NRO accounts or by inward remittance. Power of Attorney can be used for executing the transaction in absentia.
What should I do if a builder delays possession of my flat?
If a builder delays possession beyond the promised date, you have multiple remedies: file a complaint with the state RERA authority seeking either refund with interest or possession with delay compensation (typically at SBI's highest lending rate plus 2%); file a consumer complaint before the Consumer Forum; or pursue a civil suit for specific performance or damages. Under RERA, the builder is liable to pay interest for every month of delay from the promised possession date.
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