In India there are multiple laws governing property related regulations. Here is a detailed breakup of the same:
The Transfer of Property Act, 1882
It lays down the transfer of property in India and the conditions that must be fulfilled for the rights and obligations of the parties to enter into transactions involving property. It provides the conditions under which property is transferable, including sale, mortgage, lease, and gift.
The Indian Contract Act, 1872
Indian Contract Act of 1872 provides Indian law of contract dealing with the formation, enforcement, and performance of contracts. It enacts norms with reference to offer, acceptance, consideration, and contract performance.
The Registration Act of 1908
It outlines the rules for registration of documents related to conduct of property related matters legally. Some of them have to be registered for issuing public notice and legal recognition and thereby avoid conflicts with respect to the title.
The Hindu Succession Act, 1956
This Act enacts the succession and inheritance of property by Hindu, Jain, Sikh, and Buddhist communities in India. It gives rights to heirs and distribution of property in case of intestate succession (without will).
The Muslim Personal Law (Shariat) Application Act, 1937
The Act imposes Muslim personal law on Muslims in India, governing various aspects of marriage, divorce, inheritance, and other personal matters. It attempts to apply Islamic Sharia law for personal matters among Muslims in India.
The Indian Easements Act, 1882
This Act regulates and enacts the law of easements, which are rights over the use of land for the benefit of another land. It addresses the creation, enjoyment, and extinguishment of easements.
The Specific Relief Act, 1963
This Act enacts remedies for specific performance of contract, injunctions, and rectification of instruments. It aims to protect the rights of individuals by enforcing legal obligations rather than merely awarding monetary compensation.
The Real Estate (Regulation and Development) Act, 2016 (RERA)
RERA aims to encourage and regulate the real estate sector in India through the regulatory standards and mandatory registration of builders, which will introduce transparency, accountability, and efficiency into the property transaction. It seeks to protect the interest of the investors and the homebuyers through the mandatory registration and regulatory standards for builders.
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