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Process at a Glance
How the Property & Tenancy Process Moves
1
Identify the Legal Issue — Property or Tenancy
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2
Title Search and Verification
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3
Send Legal Notice
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4
File Eviction Petition / Civil Suit
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5
Evidence — Title and Tenancy
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6
Decree, Possession and Execution
Overview
Property & Tenancy Law — Legal Framework
Property and tenancy law in Delhi is governed by multiple statutes. Transfer of Property Act, 1882 (TPA): Section 54 — sale of immovable property compulsorily by registered instrument; agreement to sell ≠ transfer of title (Suraj Lamp 2012 SC). Section 53A — part performance protects buyer in possession. Delhi Rent Control Act, 1958 (DRCA): applies to tenancies below ₹3,500/month; eviction only on 14 specified grounds under Section 14 — most common: non-payment of rent and bona fide requirement. Registration Act, 1908: compulsory registration for all property transfers above ₹100. Stamp duty Delhi: women 4%, men 6%, joint 5%.
Adverse possession (Limitation Act Art.65): 12 years continuous, open, hostile, exclusive possession — title acquired. Ravinder Kaur Grewal (2019 SC): adverse possession can be used offensively to claim title. Vineeta Sharma (2020 SC): daughters equal coparceners in HUF ancestral property — right to demand partition. 2018 SRA Amendment: specific performance of property contracts now a right of the buyer.
Key Areas of Property & Tenancy Law
Sale & Transfer of Property (TPA)
Only registered sale deed transfers title — TPA S.54. Agreement to sell = contract; NOT title transfer. Suraj Lamp (2012 SC): GPA + agreement + will does not transfer title. S.53A: part performance — buyer with possession + part payment protected. Stamp duty: women 4%, men 6%, joint 5% + 1% registration fee.
Delhi Rent Control Act 1958
Applies to tenancies below ₹3,500/month rent. Eviction only on 14 specified grounds — S.14 DRCA. Most common: non-payment of rent (S.14(1)(a)) and bona fide requirement (S.14(1)(e)). Proceedings before Additional Rent Controller, Delhi. 2001 Amendment: new tenancies less protected. Above ₹3,500 — CPC eviction suit.
Adverse Possession
12 years continuous, open, hostile, exclusive possession → title acquired by prescription. True owner's right to sue extinguished after 12 years. Ravinder Kaur Grewal (2019 SC): adverse possession can be used offensively — file suit for declaration of title. Requirements: no owner's permission, uninterrupted, visible possession.
Partition & Daughters' Rights
Co-owners can demand partition at any time. Court orders actual division (by metes and bounds) or sale + distribution if physical partition not feasible. Vineeta Sharma (2020 SC): daughters are equal coparceners in HUF ancestral property by birth — equal right to demand partition. Oral partition does not defeat daughters' rights (Arshnoor Singh 2019 SC).
Key Takeaways
- Title to immovable property above ₹100 passes only through a registered sale deed — Section 54, Transfer of Property Act, 1882; an agreement to sell, GPA or will does not transfer title (Suraj Lamp 2012 SC; reaffirmed in Ramesh Chand v. Suresh Chand 2025).
- The Delhi Rent Control Act, 1958 protects only tenancies where rent is below ₹3,500/month; eviction lies only on the statutory grounds in Section 14 — most commonly non-payment [S.14(1)(a)] and bona fide requirement [S.14(1)(e)]. Above ₹3,500, a regular CPC eviction suit applies.
- Adverse possession requires 12 years of continuous, open, hostile and exclusive possession (Limitation Act Art. 65); after Ravinder Kaur Grewal (2019 SC) it can be used offensively to claim a declaration of title, not just as a defence.
- Daughters are equal coparceners by birth in HUF ancestral property regardless of the father’s death date — Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1, overruling Prakash v. Phulavati.
- The 2018 Specific Relief Act amendment made specific performance of an immovable-property contract a right of the buyer — the court must grant it unless exceptional circumstances apply (Section 10).
- Stamp duty in Delhi: women buyers 4%, men 6%, joint 5% (plus 1% registration fee); an inadequately stamped document is inadmissible until the deficit and penalty are paid (SMS Tea Estates 2011 SC, on the stamping point).
Key Changes
Old Position vs Current Law
| Aspect | Earlier Position | Current Position |
|---|---|---|
| DRCA — applicability | Applied to all Delhi tenancies | Only where rent is below ₹3,500/month. Above ₹3,500 — regular CPC eviction suit. 2001 Amendment: new tenancies less protected. |
| GPA + agreement to sell | Treated as valid property transfer in practice | Suraj Lamp (2012 SC): GPA + agreement + will does NOT transfer title. Only registered sale deed. States directed to stop GPA conveyances. |
| Adverse possession — offensive use | Some courts restricted to defence only | Ravinder Kaur Grewal (2019 SC): can be used offensively — file suit for declaration of title after 12 years of hostile possession. |
| Specific performance | Discretionary with court — could refuse | 2018 SRA Amendment: specific performance of immovable property contracts is now a right of the buyer — court must grant unless exceptional circumstances. |
| Daughters' HUF rights | Conflicting HC views — some required father alive on 09.09.2005 | Vineeta Sharma (2020 SC, three-Judge Bench): daughters are coparceners by birth regardless of father's death date. Equal right to partition. |
| Stamp duty Delhi | No gender-based differential | Women buyers — 4%. Men — 6%. Joint — 5%. Significant saving for women buyers. |
Procedure
Step-by-Step Procedure
1
Identify the Legal Issue — Property or Tenancy
Classify the dispute: (a) tenant eviction — is DRCA applicable (rent below ₹3,500/month)? If yes — Additional Rent Controller. If no — CPC suit before Civil Court; (b) property title dispute — suit for declaration + injunction; (c) sale/purchase dispute — specific performance or damages; (d) co-ownership dispute — partition suit. Forum depends on nature of dispute and property value. Always verify title for 30+ years before any purchase.
2
Title Search and Verification
Before purchasing or taking legal action: (a) obtain all title documents — sale deed chain for minimum 30 years; (b) search at Sub-Registrar office for encumbrances; (c) obtain mutation/jamabandi records from revenue office; (d) search for pending litigation at District Court caveat register; (e) verify building plan approval from MCD/DDA; (f) check if property is in DDA, GPA, or Society scheme. Always engage an advocate for title search on significant property transactions.
3
Send Legal Notice
Before filing suit — send legal notice to the defaulting party: (a) tenant for non-payment, subletting, breach — creates a demand record; for DRCA eviction: notice of demand for rent default — if rent not paid within 2 months of notice, eviction petition maintainable; (b) landlord for unlawful eviction or denial of essential services; (c) seller refusing to execute sale deed — notice of readiness and demand for performance (for specific performance suit). Notice starts the limitation clock and creates a paper trail.
4
File Eviction Petition / Civil Suit
DRCA eviction: file eviction petition before Additional Rent Controller (ARC), Delhi. CPC eviction (rent above ₹3,500/month): Civil Court — District Court. Title disputes: suit for declaration + injunction + permanent injunction before Civil Court. Specific performance of sale agreement: District Court or Commercial Court (if commercial property). Partition: Civil Court at location of property. Probate + Succession Certificate: Delhi HC / District Court.
5
Evidence — Title and Tenancy
Key evidence: (a) all title documents — sale deed, gift deed, will, mutation records; (b) rent receipts / bank transfers (for tenant); (c) tenancy agreement/rent deed; (d) photographs of property; (e) MCD records — property tax receipts; (f) electricity/water bills showing possession; (g) witnesses — neighbours, society members. Court may appoint Local Commissioner to inspect property and report on possession and condition.
6
Decree, Possession and Execution
After trial — decree for possession, declaration, eviction, or specific performance. Execution: (a) warrant of possession — court officer with police takes possession; (b) mandatory injunction if party refuses to vacate; (c) contempt of court if possession order disobeyed. Resistance to execution: Collector/Executive Magistrate can assist. Appeal: 30 days from judgment to Delhi HC. For DRCA: appeal before Rent Control Tribunal within 30 days.
⏱ Typical Timelines — Delhi Courts
Indicative. Contested matters take significantly longer.
DRCA Eviction (Uncontested)
6–18 months
Additional Rent Controller, Delhi
Civil Suit for Possession
2–5 years
District Court — contested title dispute
Specific Performance
2–4 years
Now plaintiff's right — 2018 SRA
Important Note
Registration is not the same as ownership. In K. Gopi v. The Sub-Registrar (2025 INSC 462, decided 07.04.2025) the Supreme Court held that a registering officer has no power to decide title — registration cannot be refused merely because the vendor’s title is unproven, and equally, the mere fact that a sale deed is registered does not by itself confer valid ownership if the seller had no title to convey. A buyer must therefore verify the seller’s title independently (30-year chain, encumbrance certificate, mutation records) — registration alone is no guarantee of a clear, marketable title.
Documents
Documents Required
All title documents — sale deed chain (minimum 30 years)
Tenancy agreement / rent deed
Rent receipts / bank statements showing rent payments
Electricity / water bills — proof of possession
Mutation / Jamabandi records from revenue office
Building plan approval — MCD / DDA
Encumbrance certificate from Sub-Registrar
Legal notice copy — sent and received acknowledgement
Key Points
Key Points & Limitation Periods
🏠 Quick Reference — Property & Tenancy Delhi
Suit for possession of property12 years from dispossession (Art.65 Limitation Act)
Declaratory suit (title)3 years from date right denied
Specific performance3 years from date fixed for performance / refusal
Partition suit — co-ownersNo limitation — right exercisable at any time
DRCA — applicability thresholdBelow ₹3,500/month rent
DRCA appeal from ARCRent Control Tribunal within 30 days
Stamp duty Delhi — women4% | Men: 6% | Joint: 5% + 1% registration fee
Registration — compulsoryS.17 Registration Act — all property transfers above ₹100
Adverse possession12 years continuous, open, hostile, exclusive possession
Daughters' HUF rightsEqual coparcener by birth — Vineeta Sharma (2020 SC)
Applicable Laws
Relevant Statutes
Section 105 — Lease defined · Transfer of Property Act, 1882
“A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.”— Section 105, Transfer of Property Act, 1882 (India Code)
Section 107 — Leases how made · Transfer of Property Act, 1882
A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument; all other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.— Section 107, Transfer of Property Act, 1882 (India Code)
Section 14 — Protection of tenant against eviction · Delhi Rent Control Act, 1958
“Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant.” Eviction lies only on the statutory grounds in the proviso to Section 14(1) — including non-payment of arrears [cl. (a)], subletting or parting with possession without the landlord’s written consent [cl. (b)], misuse, and the landlord’s bona fide requirement of residential premises [cl. (e)] — with the burden on the landlord.— Section 14, Delhi Rent Control Act, 1958 (India Code)
Section 17(1)(d) — Leases compulsorily registrable · Registration Act, 1908
Registration is compulsory for “leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent.” An unregistered lease that is compulsorily registrable cannot be received as evidence of the lease (Section 49), save for limited collateral purposes.— Section 17(1)(d), Registration Act, 1908 (India Code)
Transfer of Property Act, 1882
S.54: Sale of immovable property above ₹100 must be by registered instrument — oral sale invalid; title passes only on registration. S.53A: Part performance — buyer with written contract, part payment, and possession is protected even without registered sale deed. S.58: Mortgage types. S.105-106: Lease — definition, duration, month-to-month / year-to-year. S.111: Termination of lease.
View on IndiaCode →
Delhi Rent Control Act, 1958
Governs tenancies in Delhi below ₹3,500/month. S.6: Standard rent fixation by Rent Controller. S.14: 14 grounds for eviction — non-payment, subletting, nuisance, bona fide requirement (S.14(1)(e)), building unsafe, etc. S.19: Recovery for own use. Proceedings before Additional Rent Controller. Appeal: Rent Control Tribunal → Delhi HC. 2001 Amendment: new tenancies less protected.
View on IndiaCode →
Registration Act, 1908
S.17: Compulsory registration — sale deed, gift deed, lease over 1 year, mortgage deed, exchange deed for immovable property above ₹100. S.49: Effect of non-registration — unregistered compulsorily registrable document inadmissible as evidence of the transaction; may be used for collateral purpose. S.23: Time for presentation — 4 months (extendable to 8 months).
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Limitation Act, 1963 — Property Suits
Art.64: Suit for possession based on previous possession — 12 years. Art.65: Suit for possession of immovable property (title) — 12 years from dispossession. Art.58: Declaratory suit — 3 years. Art.54: Specific performance — 3 years. Art.113: General residual — 3 years. Adverse possession: 12 years continuous, open, hostile, exclusive possession extinguishes owner's right to sue.
View on IndiaCode →
Specific Relief Act, 1963 (amended 2018)
S.10 (post-2018 Amendment): specific performance of contracts for transfer of immovable property is now a right — court must order it unless there are exceptional circumstances. S.34: Declaratory suit — person entitled to any legal right may seek a court declaration. S.38-39: Injunctions — temporary and perpetual. 2018 Amendment significantly strengthened buyers' position when seller refuses to execute sale deed.
View on IndiaCode →
Judgments
Landmark Judgments
1
Landmark — Daughters' Equal Property Rights
Vineeta Sharma v. Rakesh Sharma — (2020) 9 SCC 1
Supreme Court of India — Three-Judge Bench | Decided: 11.08.2020 | Justices Arun Mishra, S. Abdul Nazeer & M.R. Shah
The three-Judge Bench held: daughters are coparceners in HUF ancestral property by birth — with the same rights as sons — regardless of whether the father was alive on 09.09.2005. Daughters can demand partition and file partition suits. Equal right to share in HUF property. This overruled Prakash v. Phulavati (2016). Oral partition without a registered deed or court decree does not defeat daughters' rights (Arshnoor Singh 2019 SC).
View on IndianKanoon →
2
Landmark — Adverse Possession Offensive Use
Ravinder Kaur Grewal v. Manjit Kaur — (2019) 8 SCC 729
Supreme Court of India | Three-Judge Bench | Decided: 07.08.2019 | Justices Arun Mishra, S. Abdul Nazeer & M.R. Shah
SC held: adverse possession can be used both offensively (to claim title — file suit for declaration) and defensively (to resist eviction). A person in continuous, open, hostile, notorious, and exclusive possession for 12+ years can file a suit for declaration of title — not just use adverse possession as a defence when the owner sues. This significantly expanded the scope of adverse possession claims. The true owner's right to sue is extinguished after 12 years of adverse possession.
View on IndianKanoon →
3
Landmark — GPA Sales Not Valid
Suraj Lamp & Industries v. State of Haryana — (2012) 1 SCC 656
Supreme Court of India | Three-Judge Bench | Decided: 11.10.2011 | Justices R.V. Raveendran, A.K. Patnaik & H.L. Gokhale
SC held: GPA + Agreement to Sell + Will does NOT transfer property title. Title to immovable property can only be transferred through a registered sale deed executed by the actual owner. All state governments and Sub-Registrars directed to stop treating GPA transactions as valid conveyances. Buyers who purchased through GPA transactions should urgently obtain a registered sale deed. GPA buyers have no valid, marketable title — the property remains with the original owner.
View on IndianKanoon →
4
Landmark — Inadequate Stamp Duty
SMS Tea Estates v. Chandmari Tea Co. — (2011) 14 SCC 66
Supreme Court of India | Two-Judge Bench | Decided: 20.07.2011 | Justices R.V. Raveendran & A.K. Patnaik
SC held: a document not properly stamped cannot be received in evidence — the court must impound it and direct payment of deficit stamp duty and penalty before it can be used. This applies to sale deeds, lease deeds, agreements, and all property documents — whether registered or unregistered. Courts have a statutory duty to impound inadequately stamped documents. Parties cannot bypass stamp duty requirements. Inadequately stamped documents — even if registered — are inadmissible until the defect is cured. (Note: the stamping principle under the Stamp Act remains good law; the specific application of SMS Tea Estates to arbitration agreements was later reconsidered by a Constitution Bench in 2023.)
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5
Landmark — DRCA Bona Fide Requirement
Satyawati Sharma v. Union of India — (2008) 5 SCC 287
Supreme Court of India | Two-Judge Bench | Decided: 16.04.2008 | Justices G.S. Singhvi & S.B. Sinha
The Supreme Court held that Section 14(1)(e) of the Delhi Rent Control Act, 1958 is violative of the equality clause in Article 14 insofar as it discriminated between premises let for residential and non-residential purposes for eviction on the landlord's bona fide requirement — and struck down the discriminatory words "for residential purposes" (and the Explanation restricting it). After this ruling, a landlord can seek eviction under S.14(1)(e) on a genuine bona fide requirement for both residential and non-residential premises. The requirement must be genuine — not a pretext; the court weighs the landlord's actual need, alternative accommodation and comparative hardship. This remains the most commonly invoked DRCA eviction ground in Delhi.
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6
Principle — Stay of Eviction Decree on Terms
Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd. — (2005) 1 SCC 705
Supreme Court of India | AIR 2005 SC 1023 | Decided: 10.12.2004 | Justice R.C. Lahoti
While staying execution of an eviction decree pending appeal, the appellate court may put the tenant on terms and direct payment of mesne profits or compensation for use and occupation at the prevailing market rate — not merely the old contractual rent — so that the successful landlord is reasonably compensated for the delay. The power to grant stay is discretionary and equitable.
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7
Principle — Settled Possession & Due Process
Rame Gowda v. M. Varadappa Naidu — (2004) 1 SCC 769
Supreme Court of India | Three-Judge Bench | Decided: 15.12.2003 | Justice R.C. Lahoti
A person in settled, peaceful possession — even without title — is entitled to protect that possession and cannot be dispossessed by the true owner except by recourse to law. The owner may not take the law into his own hands; the court will protect the possessor, even by injunction, and restore possession if force is used. The possession must be settled, over a sufficiently long period and acquiesced to by the owner.
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8
Principle — Unregistered Lease & Tenancy
Anthony v. K.C. Ittoop & Sons — (2000) 6 SCC 394
Supreme Court of India | Decided: 21.07.2000 | Justices D.P. Mohapatra, K.T. Thomas & R.C. Lahoti
A lease for a term exceeding one year can be made only by a registered instrument (Section 107 of the Transfer of Property Act read with Section 17 of the Registration Act); an unregistered lease deed cannot create such a lease. However, where the tenant is inducted into possession and pays rent that is accepted, a month-to-month tenancy may arise under the second paragraph of Section 107, and the unregistered deed may be looked into only for a collateral purpose.
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9
Principle — Statutory Tenancy Is Heritable
Gian Devi Anand v. Jeevan Kumar — (1985) 2 SCC 683
Supreme Court of India | Constitution Bench | AIR 1985 SC 796 | Decided: 01.05.1985
Interpreting the Delhi Rent Control Act, 1958, the Court held that a statutory tenant retains a heritable interest in the premises: on the death of a statutory tenant, the tenancy devolves on the heirs under the ordinary law of succession, who step into the tenant’s position and enjoy the protection of the Act. This applies to commercial premises as well, in the absence of any contrary provision.
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10
Principle — Rent Act Eviction & s.106 TPA Notice
V. Dhanapal Chettiar v. Yesodai Ammal — (1979) 4 SCC 214
Supreme Court of India | Seven-Judge Constitution Bench | AIR 1979 SC 1745 | Decided: 23.08.1979
A seven-Judge Constitution Bench held that to obtain a decree for eviction against a tenant under a State Rent Control Act, a separate notice to quit under Section 106 of the Transfer of Property Act is not necessary. Once the statutory grounds of eviction under the Rent Act are made out, the landlord need not additionally determine the contractual tenancy by a TPA notice — the Rent Act is a self-contained code governing eviction.
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Recent Developments
Recent Developments
Apr 2025 — SC
K. Gopi — Registration Is Not Proof of Title
Supreme Court (2025 INSC 462, 07.04.2025): the Sub-Registrar has no power to adjudicate title — registration cannot be refused for unproven title, and a registered sale deed does not by itself confer ownership if the seller had no title. Buyers must verify the seller's title independently. IK doc-id: 189230746.
2020 — SC Three-Judge Bench
Vineeta Sharma — Daughters' Equal Property Rights
Daughters are coparceners by birth in HUF ancestral property — equal right to demand partition regardless of father's death date. Oral partition without registered deed does not defeat daughters' rights (Arshnoor Singh 2019 SC). Game-changer for property rights.
2019 — SC
Ravinder Kaur Grewal — Adverse Possession Offensive Use
SC confirmed adverse possession can be used offensively — person in 12+ years hostile possession can file suit for declaration of title. Significantly expanded adverse possession rights beyond mere defence.
2018 — SRA Amendment
Specific Performance Now Buyer's Right
2018 SRA Amendment: specific performance of property contracts is now a right of the buyer — court must grant it. Court can no longer refuse on discretion alone. Significantly strengthens buyers' position when seller refuses to execute sale deed.
Practical Tip
Before buying any property in Delhi, always run a full title check: (1) trace the registered sale-deed chain for at least 30 years; (2) obtain an encumbrance certificate from the Sub-Registrar to confirm no mortgage or charge; (3) check mutation/jamabandi records and current property-tax receipts; (4) search the District Court caveat register for pending litigation; (5) confirm building-plan approval (MCD/DDA). Never buy on a GPA or unregistered agreement to sell — insist on a registered sale deed directly from the title-holder. For tenancy disputes, first confirm whether DRCA applies (rent below ₹3,500/month) to identify the correct forum — Rent Controller vs Civil Court.
FAQ
Frequently Asked Questions
What is the difference between an agreement to sell and a sale deed?
An agreement to sell is a contract to transfer property in the future — it does NOT transfer title or ownership. A sale deed (registered conveyance deed) is the actual transfer of title — ownership passes only upon registration. Suraj Lamp (2012 SC): GPA + agreement + will does not constitute a valid sale. The buyer under an agreement has the right to demand specific performance (SRA S.10 — now a right after 2018 Amendment).
Does the Delhi Rent Control Act protect all tenants?
No — DRCA 1958 applies only where standard rent is below ₹3,500/month. For tenancies above ₹3,500/month — regular CPC procedure applies (eviction suit before Civil Court, no special protection). For DRCA-protected tenants — eviction only on 14 specified grounds (S.14 DRCA). Most common: non-payment of rent and bona fide requirement. 2001 Amendment: new tenancies (after 2001) are less protected even under DRCA.
What stamp duty is payable on property purchase in Delhi?
Delhi stamp duty: Women buyers — 4%, Men — 6%, Joint (man + woman) — 5% of circle rate or actual consideration (whichever higher). Plus 1% registration fee (subject to maximum). Stamp duty must be paid before or at the time of registration. Inadequate stamp duty: document inadmissible as evidence — must pay deficit + penalty (SMS Tea Estates 2011 SC).
What are the grounds for evicting a tenant in Delhi?
For DRCA-protected tenants (rent below ₹3,500/month): 14 grounds under S.14 DRCA — most commonly used: (1) non-payment of rent; (2) subletting without landlord's permission; (3) nuisance to neighbours; (4) bona fide requirement of landlord for own use; (5) building in dangerous condition. For non-DRCA tenancies: CPC suit for possession — prove lease expired or notice to quit given and period elapsed. Grounds must be strictly proved.
What is adverse possession — can I claim title after 12 years of possession?
Adverse possession: 12 years continuous, open, hostile, and exclusive possession without the owner's permission → true owner's right to sue is extinguished. Ravinder Kaur Grewal (2019 SC): can be used offensively — file suit for declaration of title. Requirements: no break in possession, visible/notorious, no owner's permission, exclusive (not shared). True owner must file suit within 12 years.
Can daughters claim ancestral property and demand partition?
Yes — Vineeta Sharma (2020 SC, three-Judge Bench): daughters have equal coparcenary rights in HUF ancestral property — regardless of whether the father was alive on 09.09.2005. Daughters can demand partition and file partition suit. Equal share as sons. Oral partition without registered deed does not defeat daughters' rights (Arshnoor Singh 2019 SC). Self-acquired property — depends on Will or intestate succession rules.
What documents should I check before buying property in Delhi?
Before purchasing: (1) Title chain for minimum 30 years — all sale deeds, gift deeds, wills; (2) Encumbrance certificate — mortgages, charges, pending 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; (7) Litigation search at District Court caveat register; (8) Verify proper stamp duty paid on all previous documents. Always engage an advocate for title search.
What is TPA Section 53A — part performance?
TPA S.53A: a buyer who has a written contract, paid part consideration, and taken possession — cannot be evicted by the seller even without a registered sale deed. Requirements: (1) written contract; (2) part payment; (3) buyer took possession; (4) buyer ready and willing to perform. S.53A is a possessory defence — not title. For title, a registered sale deed is essential. After 2018 SRA Amendment — buyer can also sue for specific performance as a right.
What is a partition suit — how is property divided among co-owners?
A partition suit is filed by a co-owner when other co-owners refuse to divide the property. Filed before Civil Court at location of property. Court orders: (1) actual partition — physical division (by metes and bounds) — each co-owner gets exclusive portion; or (2) sale and distribution — where physical partition not feasible (e.g., single flat). No limitation period — co-owner can demand partition at any time. All co-owners must be made parties.
What is an encumbrance certificate and why is it important?
An encumbrance certificate is issued by the Sub-Registrar's office showing all registered transactions on a property — mortgages, charges, sale deeds, lis pendens. Essential before purchase: reveals if property has an existing mortgage or charge, helps verify the title chain. However, it only covers registered transactions — unregistered agreements and oral deals will not appear. Obtain encumbrance certificate for at least 30 years before any property purchase.
Self-Assessment
Test Your Knowledge
🏠 Property & Tenancy Law Delhi — 20 Questions
Glossary
Key Legal Terms
Delhi Rent Control Act 1958
Governs tenancies below ₹3,500/month rent. 14 eviction grounds under S.14. Bona fide requirement most common. Proceedings before Additional Rent Controller. Strong tenant protection.
Sale Deed — TPA S.54
Only registered sale deed transfers title. Agreement to sell ≠ sale. GPA + agreement does not transfer title (Suraj Lamp 2012 SC). Registration compulsory — S.17 Registration Act.
Stamp Duty — Delhi
Women: 4% | Men: 6% | Joint: 5%. On circle rate or actual value — whichever higher. Plus 1% registration fee. Inadequate stamp: document inadmissible (SMS Tea Estates 2011).
Adverse Possession
12 years continuous, open, hostile, exclusive possession → title acquired. Owner's right to sue extinguished. Ravinder Kaur Grewal (2019 SC): can be used offensively to claim title.
Part Performance — TPA S.53A
Buyer with possession + part payment + written contract protected even without registered sale deed. Possessory defence — not title. SRA 2018: specific performance now also a right.
Encumbrance Certificate
Sub-Registrar certificate showing all registered transactions — mortgages, charges, transfers. Essential before purchasing property. Covers only registered documents.
Mutation / Jamabandi
Revenue record of ownership. Not title — merely a record. Essential for property tax, water/electricity. Mutation does not create title — only court decree/registered deed does.
Partition Suit
Co-owners can demand partition at any time. Court: actual division or sale + distribution. Vineeta Sharma 2020: daughters equal coparceners in HUF — can demand partition.
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This is an informational guide and is reviewed periodically against the official sources cited above. If any provision appears outdated or an inadvertent error is noticed, it may be pointed out using the contact details on this page so that the content can be reviewed and corrected. Readers should verify the current statutory text and case law from authentic sources before relying on it.
