Property & Tenancy Lawसंपत्ति एवं किरायेदारी कानून — TPA 1882 / Delhi Rent Control Act 1958 / Registration Act 1908

An agreement to sell (also called agreement for sale) is a contract to transfer property in the future — on fulfillment of certain conditions. It does not transfer title or ownership. A sale deed (registered conveyance deed) is the actual transfer of title — ownership passes to the buyer only upon registration of the sale deed. Suraj Lamp (2012 SC): GPA + agreement + will does not constitute a valid sale — only a registered sale deed transfers title. The buyer under an agreement to sell has the right to demand specific performance (SRA S.10, now a right after 2018 Amendment).

No — DRCA 1958 applies only where the standard rent is below ₹3,500 per month. For tenancies above ₹3,500/month — the regular CPC procedure applies (eviction suit before Civil Court, no special protection). For DRCA-protected tenants — eviction is only possible on 14 specified grounds (S.14 DRCA). The most common ground is bona fide requirement of the landlord for own use (S.14(1)(e)). 2001 Amendment: new tenancies (after 2001) are less protected even under DRCA.

For DRCA-protected tenants (rent below ₹3,500/month): 14 grounds under S.14 DRCA — most commonly used: non-payment of rent, subletting without landlord's permission, nuisance or annoyance to neighbours, bona fide requirement of landlord for own use, building in dangerous condition. For non-DRCA tenancies: CPC suit for possession — landlord must prove: lease expired or notice to quit given and period elapsed, or breach of tenancy terms. The ground must be strictly proved — courts are protective of tenant's possession.

Delhi stamp duty on sale deed: Women buyers — 4% of circle rate or actual consideration (whichever higher). Men buyers — 6%. Joint purchase (man + woman) — 5%. Additionally: registration fee — 1% of property value (subject to maximum). Stamp duty must be paid before or at the time of registration. Documents with inadequate stamp duty are inadmissible in evidence (SMS Tea Estates 2011 SC). Circle rate is the minimum rate fixed by government — if actual price is higher, duty is on actual price.

Adverse possession: if you have been in continuous, open, hostile, and exclusive possession of land for 12 years or more — you can acquire title by prescription and the true owner's right to sue is extinguished. Requirements: (1) continuous — no break in possession; (2) open and notorious — not secret; (3) hostile — without the owner's permission; (4) exclusive — not shared. Ravinder Kaur Grewal (2019 SC): adverse possession can also be used offensively — you can file a suit for declaration of title. Limitation: true owner must file suit within 12 years — after that, their right is extinguished.

For DRCA tenants (rent below ₹3,500/month): (1) Send legal notice demanding rent; (2) If tenant doesn't pay within 2 months of notice — file eviction petition before Additional Rent Controller; (3) Prove non-payment of rent at hearing; (4) Order of eviction passed — warrant of possession executed. For non-DRCA tenants: (1) Give notice to quit (as per lease terms or Transfer of Property Act); (2) After notice period expires — file civil suit for possession before Civil Court; (3) Simultaneously seek interim injunction to prevent further subletting or damage.

Yes — Vineeta Sharma v. Rakesh Sharma (2020 SC Constitution Bench): daughters have equal coparcenary rights in HUF ancestral property under Hindu Succession (Amendment) Act 2005. This applies even if the father (coparcener) had died before 9 September 2005. Daughters can: demand partition, file a partition suit, and are entitled to an equal share as sons. Self-acquired property of the father: does not automatically pass to daughters — depends on will or intestate succession rules. Daughters' rights in ancestral property are now well-settled.

Before purchasing: (1) Title chain for minimum 30 years — all sale deeds, gift deeds, wills in succession; (2) Encumbrance certificate — check for mortgages, charges, pending legal proceedings; (3) Mutation / jamabandi from revenue office; (4) Building plan sanction — MCD / DDA; (5) No-objection certificates if in a housing society; (6) Check if property is on agricultural land (cannot sell/purchase without conversion); (7) Litigation search at District Court caveat register; (8) Check stamp duty was properly paid on all previous documents. Engage an advocate for a proper title search.

A partition suit is filed by a co-owner of property when other co-owners refuse to divide and allow the filing co-owner to enjoy their exclusive share. Filed before Civil Court at location of property. Court options: (1) Actual partition — physically divide the property (by metes and bounds) — each co-owner gets exclusive portion; (2) Sale and distribution — where actual partition is not feasible (e.g., single flat) — court orders sale of property and division of proceeds. All co-owners must be made parties. Partition is available at any time — there is no limitation period for filing a partition suit between co-owners.

TPA Section 53A: a buyer who has entered into a contract for sale of immovable property, paid part of the consideration, and taken possession — cannot be evicted by the seller even without a registered sale deed. The buyer gets possessory protection pending completion of the sale. Requirements: (1) written contract; (2) part payment of consideration; (3) buyer has taken possession; (4) buyer is ready and willing to perform. S.53A is a defence — it prevents the seller from evicting the buyer. For claiming title — a registered sale deed is essential. After 2018 SRA Amendment — buyer can also sue for specific performance as a right.