According to Parthasaarthi, an advocate in Kharghar, property law is a set of rules that define the underlying principles of property ownership, including land and personal property and how they can be used, and what the current conditions are. Real and personal property are both covered by property law. The area of law that deals with property ownership and use has a significant impact on society. Property law is an integral part of estate planning, family law, and municipal law.
distinction between real & personal property
There are two types of properties, real and personal property. Real property, also known as immovable property, refers to the land and everything attached to it, such as a house, commercial buildings, a garage, or a barn.
On the other hand, personal property is something that a person owns or has in his or her possession. A car, for example, is personal property, as are a chair, a computer, and anything else that is not classified as land or building. The vast majority of people own personal property of some kind.
Transfer of property
Property owners must understand how they can become property owners(legally) and take steps to ensure a legal transfer of ownership through selling or gifting by consulting an expert property advocate like Parthasaarthi, who is an property advocate in Kharghar.
What is the definition of a deed?
A deed is essentially a legal document that identifies the owners of real estate. The nature of a person’s legal interest is determined by the type of deed he or she owns.
A warranty deed, for example, assures the buyer that the property is free and clear of encumbrances and that ownership is free and clear.
The government can seize private property as needed for public use. Eminent domain is the government’s right to take real property from private property owners. Any potential objections are overridden by the government’s acquisition of personal property.
In other words, regardless of any possible complaints, the government has the right to acquire private property if the owner is adequately and fairly compensated. Compulsory Acquisition is subject to restrictions, which are frequently the source of legal challenges.
In one-time cases, people have the legal right to claim property ownership without making any payments. To claim ownership or to acquire property as if it were one’s right, one must stay or occupy the property for an extended period. When property owners who may be neighbors use inaccurate boundaries for an extended period, it is known as adverse possession. Adverse possession is used to settle land disputes and ensure no vacant land without a claimant.
The advocate in Kharghar states that an easement gives a person the right to use someone else’s property. A right of access, also known as an easement, is the right to use a property even if the owner is not present. Trespassing is the only way out if there is no direct access to one’s property. A trespasser can be prosecuted, as we all know.
However, due to an easement that one may have over a property, one is deemed to have legal protection from prosecution. How an easement can provide relief to a trespasser is a contentious issue that frequently leads to litigation.
Below listed are some of the important acts of property laws in India explained by Adv Parthasaarthi
The Transfer of Property Act of 1882 is a law in India that governs the exchange of property. It contains specific agreements about what constitutes a transaction and the circumstances that apply to it. It took control on July 1, 1882.
According to the Act, a “move of property” is a demonstration in which an individual transfers property to at least one person, himself, and at least one other person. It can be an individual, an organization or connection, or a group of individuals, and any property, even intellectual property, can be transferred.
The 1882 Transfer of Property Act, Section 44, governs transfers by one co-owner. It also covers a transferee’s rights in this type of transaction.
Possession encompasses an infinite number of scenarios, freedoms, and abilities about the object claimed. There are several sorts of proprietorships. There are supreme and restricted possessions, sole ownership, co-ownership, vested ownership, unanticipated ownership, physical and ethereal possessions.
When one person owns property at one time, it is referred to as a sole proprietorship; however, if more than one person claims the property, it is a joint proprietorship.
Co-ownership can be converted to a single proprietorship by the use of segmentation. As a result, if a co-owner is deprived of his property, he has the right to reclaim it. Such a co-owner is interested in every part of the property and has the right to be in joint possession with others, regardless of the number of shares he owns. This is also known as co-ownership.
According to the Advocate in Kharghar, property of any kind may be relocated under Section 6 of the Transfer of Property Act. The person requesting non-transferability must show a law or custom in place that restricts the move’s privilege. The property owner has the right to move it unless there are some legitimate reasons for not doing so.
The condition is void if the property is relocated based on a situation that completely prevents the transferee from leaving or relinquishing his excitement for the item. The key exception is where the condition assists the lessor or those asserting under him because of rent. For the most part, only the person who is enthusiastic about the property is allowed to transfer his excitement and offer the most excellent possible title to someone else.
The transferees’ rights will not be adversely affected if they acted under common decency; the property was acquired for contemplation. The transferees acted without knowledge of the transferor’s title defect.
The requirements that need to be met:
The transferor must demonstrate that he is in a position to shift the unafraid property. Either the portrayal is false or incorrect. The transferee is responsible for following through on the representation in a consistent manner with common decency. For thought, the exchange should be completed. The transferor should gain some passion for the property he agreed to convey in this way. The transferee may have the option of obtaining the intrigue that the transferor receives in this manner.