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Practice area · Indian legal practice

Real Estate and Property

Transfer of Property Act, RERA, registration, partition, possession.

Property practice covers conveyancing (sale, gift, lease, mortgage), partition, possession suits, RERA proceedings, and registration disputes. The Real Estate (Regulation and Development) Act 2016 transformed the buyer-developer dispute regime through state RERA authorities and the Real Estate Appellate Tribunal.

Key statutes

Transfer of Property Act1882

Substantive law on transfer of immovable property.

Real Estate (Regulation and Development) Act (RERA)2016

Buyer protection, developer registration, project disclosures.

Registration Act1908

Registration of documents.

Indian Stamp Act1899

Stamp duty regime.

Specific Relief Act1963

Specific performance and injunction in property matters.

Limitation Act1963

12-year possession and 30-year mortgage periods.

Primary forums

  • State RERA Authorities (each State and UT)
  • Real Estate Appellate Tribunals (REAT)
  • Civil Courts — partition, declaration, possession, specific performance
  • High Court — appeals from REAT and writ jurisdiction
  • Supreme Court of India

Common matters

  • Buyer-developer disputes under RERA — refund, possession, compensation
  • Suits for specific performance of agreements to sell
  • Suits for partition and partition by metes and bounds
  • Possession suits under Section 6 of the Specific Relief Act
  • Mortgage suits and SARFAESI proceedings
  • Appeals under RERA Section 44 and 58

Limitation periods

Limitation Act 1963 — 12 years for possession (Article 64), 3 years for specific performance (Article 54), 30 years for mortgage suits (Article 134). RERA appeals under Section 44 within 60 days.

CourtNetra workflow for real estate and property

Property matters in CourtNetra capture sale-deed metadata, registration-office references, and RERA project IDs as structured fields. RERA workflow templates included. NyayaLens AI surfaces precedent on specific-performance tests, possession-suit standards, and RERA jurisprudence (Bombay Dyeing, Pioneer Urban).

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