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Our Practice area

Property Law

Property Law Practice Areas at Avinash Law Offices

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Property law in India is a complex and deeply rooted legal domain, governed by a mosaic of statutes, precedents, and customary practices. At our law firm, we offer comprehensive legal services in property law, addressing a broad spectrum of matters involving ownership, tenancy, acquisition, disputes, transactions, and inheritance. Our practice is designed to serve individuals, businesses, developers, institutions, and public authorities with clarity, precision, and reliable advocacy.

 

Understanding Property Law in India

Property law in India encompasses both movable and immovable property, with a primary focus in legal practice on the latter. Immovable property includes land, buildings, and rights attached to land. Indian property law draws from a blend of ancient customs, colonial-era legislations, and modern enactments.

Some of the key legislations governing property law include:

  • Transfer of Property Act, 1882

  • Indian Easements Act, 1882

  • Indian Stamp Act, 1899

  • Registration Act, 1908

  • Real Estate (Regulation and Development) Act, 2016 (RERA)

  • Land Acquisition Act, 2013

  • Urban Land (Ceiling and Regulation) Act, 1976 (now repealed in many states)

  • State-specific Tenancy Laws

  • Succession laws under Hindu, Muslim, and Christian personal laws

In addition to statutory laws, property disputes are often influenced by judicial precedents, customary rights, and administrative regulations.

Our Property Law Practice Areas

Our firm offers an end-to-end property law practice that covers advisory, litigation, and transactional services. We work closely with individual landowners, buyers and sellers, real estate developers, housing societies, tenants, landlords, cooperative societies, government agencies, and investors.

1. Title Investigation and Due Diligence

Before any property transaction, a clear title is essential. We conduct thorough title verification and legal due diligence for residential, commercial, industrial, and agricultural land. This includes:

  • Reviewing chain of title documents

  • Verifying encumbrances, mortgages, liens

  • Examining land revenue records and mutation entries

  • Checking for compliance with local municipal regulations

  • Identifying any pending litigations or legal risks

We provide detailed legal reports to guide clients in making informed decisions and avoiding disputes.

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2. Property Disputes and Litigation

We represent clients in a wide range of property-related disputes before civil courts, revenue authorities, tribunals, and High Courts. These include:

  • Ownership and possession disputes

  • Partition suits among co-owners or family members

  • Adverse possession claims

  • Encroachment and boundary disputes

  • Eviction and tenancy matters

  • Specific performance suits for breach of agreement

  • Cancellation of fraudulent or forged sale deeds

  • Illegal land acquisition or land grab cases

  • Disputes with housing societies or developers

We also handle writ petitions and appeals in High Courts and the Supreme Court involving property rights, land acquisition compensation, and illegal land dispossession.

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3. Real Estate and RERA Compliance

With the enactment of the Real Estate (Regulation and Development) Act, 2016, the real estate sector has seen a shift toward transparency and accountability. Our firm provides comprehensive legal services to developers, promoters, homebuyers, and real estate agents under RERA, including:

  • Project registration and compliance for developers

  • Drafting and vetting of builder-buyer agreements

  • Representing clients in RERA Tribunals and Appellate Tribunals

  • Advising on delayed possession, refund claims, and compensation

  • Resolving disputes between flat buyers and developers

We also assist real estate companies with joint development agreements (JDAs), memorandums of understanding (MoUs), and collaboration agreements to facilitate smooth and legally compliant project execution.

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4. Land Acquisition and Compensation

Our firm has extensive experience in handling cases under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. We represent both landowners and authorities in matters involving:

  • Legality of acquisition notifications

  • Challenges to acquisition under writ jurisdiction

  • Determination and enhancement of compensation

  • Disputes regarding land use, rehabilitation, and resettlement

We combine our litigation expertise with strong knowledge of land laws to ensure our clients receive fair treatment and compensation.

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5. Succession, Inheritance, and Partition

Property inheritance is governed by personal laws based on religion, such as the Hindu Succession Act, Muslim personal law, or the Indian Succession Act. We assist clients with:

  • Legal heirship and succession certificates

  • Partition and settlement of ancestral property

  • Probate and letters of administration

  • Drafting and execution of wills and family settlements

  • Handling disputes among legal heirs

We aim for amicable resolution wherever possible, while also being equipped to handle complex family property litigation in court.

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6. Tenancy and Lease Matters

We represent both landlords and tenants in disputes under Rent Control Acts and lease agreements. Our services include:

  • Drafting and registration of lease deeds

  • Eviction proceedings for default, sub-letting, or bonafide requirement

  • Recovery of arrears of rent

  • Protection of tenant rights under applicable laws

We also deal with commercial lease disputes involving malls, offices, and co-working spaces.

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7. Documentation and Registration Services

We assist in drafting, reviewing, and registering a wide array of property-related documents, such as:

  • Sale deeds, gift deeds, lease deeds, mortgage deeds

  • Agreement to sell and general power of attorney (GPA)

  • Affidavits, declarations, and indemnity bonds

  • Registration with Sub-Registrar offices and payment of stamp duty

Proper documentation is critical to safeguarding interests and ensuring smooth transactions.

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Why Choose Us

  1. Deep Legal Expertise: Our team brings extensive knowledge of property laws, judicial trends, and state-specific rules.

  2. Pan-India Practice: We handle property matters across multiple states and cities, adapting to local practices and land records.

  3. Litigation and Advisory Blend: Whether it’s a civil suit, a revenue appeal, or a transaction vetting, we offer a one-stop legal solution.

  4. Client-Centric Approach: We prioritize client goals—be it acquiring property, defending ownership, or resolving family property issues.

  5. Strategic Dispute Resolution: We blend litigation, negotiation, and mediation to deliver effective and timely outcomes.

Our Typical Clients

  • Individual property owners and buyers

  • NRIs with ancestral or inherited property in India

  • Real estate developers and construction companies

  • Co-operative housing societies and RWAs

  • Government bodies and land-owning agencies

  • Institutional and commercial investors\

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Property law in India is dynamic, nuanced, and often emotionally charged. At our law firm, we understand the legal, personal, and financial dimensions involved in every property matter. Whether you’re facing a dispute, planning an investment, or seeking to resolve a family property issue, our firm is committed to offering you clear legal guidance, strategic representation, and practical solutions.

 

Feel free to reach out to us for a consultation or case evaluation—we’re here to protect your property rights with integrity and professionalism.

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