Property Law Services

Transfer of Property Act, 1882

As a central law, it governs the transfer of property, such as sales, mortgages, partitions, leases, gift settlements, etc. The Act, however, does not govern transfers of property by operation of law, including sales by court order, auction, forfeiture, or transfer of title under other laws, except in certain instances. As defined in Section 5 of Chapter II of the Act, a property transfer is the act by which a living person transfers property, present or future, to one or more other living persons, or himself and one or more other living persons; the act of transferring property is the act of performing one or more of these acts”.

Hindu Succession Act 1956

According to Section 8 of the Hindu Succession Act 1956, if a Hindu male dies without creating a will, all his property will pass to the class I legal heirs. In the schedule of the same act, Class I legal heirs are listed. However, the Tahsildar, an officer of the revenue department of the State, is responsible for issuing the Legal Heirship Certificate, which proves legal heirship. In order to mutate revenue and land records in the name of existing heirs, this certificate is used.

Indian Succession Act 1925

As of 1956, the Indian Succession Act governs the transfer and ownership of property by will and inheritance between Christians, but not Hindus, Muhammadans, Buddhists, Sikhs, or Jainas. All Christians, Hindus, Muhammadans, Buddhists, Sikhs, and Jainas are covered by this Act in terms of probate, letters of administration, and appointing executors.

Land Acquisition Act, 1894

To amend the law for the acquisition of land for public purposes and companies, this Central Act was enacted. This act entails provisions relating to the acquisition of public land and the determination of compensation payable by the collector in a speedy manner for such acquisition.

Power of Attorney Act, 1882

An "Appointment of Attorney" (PoA) is an instrument in which the grantor authorizes the grantee to perform specific acts on his or her behalf, which, when executed, will be binding on the grantor as if the act had been performed by him. Those rules are governed by the 1882 Power of Attorney Act.

Indian Easements Act, 1882

According to this Act, a license is a right granted by one person to another, or to a definite number of others, that permits that person to do, or to continue to do, something that would otherwise be illegal on the grantor's immovable property, and since it does not constitute an easement or interest in the property, it is called a license and details the rights and liabilities of the Licensor and Licensee.

Indian Contract Act, 1872

In India, contracts are governed by the Indian Contract Act of 1872, which is based on equity and common law principles. As it applies to all Indian states, it outlines the conditions under which promises made by the parties to a contract may be legally binding. In arbitration clauses, termination of contracts, and damages determination, the enforcement of these rights and duties plays a crucial role.

Tamil Nadu Town and Country Planning Act 1971

Under Section 32(4), this enactment provides for land use variations. Reclassification requests for land use zones are considered based on a number of factors, including site suitability, accessibility, compatibility with adjoining development, and environmental impact. If a land development is not in accordance with the existing zoning for that land, the land use must be reclassified. When the applicant proposes to change the land use classification from the land use defined in the Master Plan to another use, the Local Planning Authority processes the proposal and recommends a final order to the government. The change of land use is considered based on the request of the applicant and specific resolution of the Local Bodies / Local Planning Authority.

Tamil Nadu Patta Pass Book Act 1983

It is a document issued by the Department of Revenue in Tamil Nadu that is known as a Patta. In the Revenue Records of the Government, a Patta identifies the land as private property, owned by the individual whose name is on the Patta. Section 3 of the Tamil Nadu Patta Pass Book Act 1983 requires that an individual who has acquired title/ownership over any land have his name amended/added to the government records. Pattas are issued to individuals once the records have been updated. Pattas contain information such as the survey number, the extent of the lands, and the current owner and use of the land.

Tamil Nadu Revenue Recovery Act 1864

In the Fasli year (agricultural year), the State Government levies the Kist tax based on the classification and quality of the land. A Kist is calculated based on the value of the land, buildings, and products generated on it. Local cess and surcharge are added to the basic land tax. The Village Administrative Officer will be notified of the Kist payment. As per Section 3 of the Tamil Nadu

Revenue Recovery Act 1864,

A landowner is required to pay the Kist according to local usage by the due date. The Collector/ Village Administrative Officer may collect the arrears (along with interest and costs of the process) from the defaulter's movable and immovable property if the landowner fails to pay the Kist.

Tamil Nadu Cultivating Tenants Protection Act, 1955

It provides security of tenure for cultivating tenants of agricultural land, as well as provisions for restoring possession if possession is lost The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 Tamil Nadu Buildings (Lease and Rent Control) Act, of 1960, was repealed by this act, which was a piece of social legislation to prevent unreasonable evictions of tenants. It is a self-contained and complete code for the regulation of landlord and tenant rights.

Tamil Nadu Land Reforms (Fixation of Land Ceiling) Act, 1961

Tamil Nadu's agricultural legislation includes this Act, which sets a ceiling on agricultural land holdings, provides for the acquisition of surplus lands, and also deals with other related matters. Among the most beneficial provisions of this legislation are those for granting security of tenure to cultivating tenants of agricultural lands, as well as provisions for regaining possession. Securitization and

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Act to regulate securitization, reconstruction, and enforcement of security interests for securities held by banks as well as matters incidental thereto Tamil Nadu Protection of Depositor Interests Act, 1997 It protects public deposits made in financial establishments and matters relating to them.

Registration Act, 1908

Under Section 17 of the Registration Act, 1908, documents transferring title to immovable property worth over Rs. 100 must be registered with the Sub-Registrar of Assurances. In the absence of registration, the transferee(s) will not be able to claim ownership rights. In the event that an Encumbrance Certificate (EC) is requested, officials at the Sub-Registrar's office will look for any registered transactions on the property during a specified period. Each such registered transaction will be listed by the EC. A lease deed over 11 months must also be registered with the Sub-Registrar. You have four months to register all deeds, but if you pay a penalty, you can get another four months.

Indian Stamp Act, 1899

To register the documents, certain stamp duties have to be attached to the documents at the time of execution and registration. The Stamp Act details the value and rate of stamp duties applicable to each document.

Real Estate (Regulation and Development) Act 2016

On 10 March 2016, the Rajya Sabha passed this bill, and the Lok Sabha passed it on 15 March 2016, which is intended to protect homebuyers and boost investment in the real estate industry. 92 of the Act's sections were notified on 1 May 2016 and the remaining provisions were notified on 1 May 2017. Under the Act, the central and state governments are required to notify the Rules within six months of their enactment.

The Prohibition of Benami Property Transactions Act, 1988

Benami transactions and the right to recover property held in benami are the main objectives of this act. Benamidars are defined in Sec 2(10) as persons or fictitious persons in whose name a benami property is transferred or held. This includes persons who lend their names to the benamidar. Benamidars hold benami property on behalf of a person who is beneficially owned, regardless of whether the person's identity is known or unknown. According to the Act, Sec 3 prohibits benami transactions, Sec 4 prevents the recovery of benami property, Sec 5 states that benami property is confiscable, and Sec 6 prohibits property retransfers by benamidars.

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