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What is Property Law?
Property law is related to body of rules and regulations which deals with use, ownership and use of property. It describes the laws related to ethical and legal use of property to avoid any property disputes. The property can be movable, immovable, intellectual and incorporeal. In India, it is governed by Transfer of Property Act, 1882 which outlines the laws to deal with the legal transfer of property and moreover it safeguards the interest and rights of both seller and purchaser. The other framework can be the Registration Act, 1908 and the Real Estate Act (RERA), 2016
Illegal Possession:
When an individual occupies or hold the, residential or commercial property of an individual without the consent of right owner, is termed as illegal possession of any property. It is necessary to talk to an expert lawyer before taking any legal action against illegal possession as he will guide you through your legal rights. The legal actions to be taken by sending legal notice of eviction and filing a civil suit in court of law and can claim compensation for the property loss.
Property Disputes:
Property dispute arises when there is legal dispute related to use, ownership and transfer of property. These types of cases are complex in nature and leads to financial and emotional loss so an expert lawyer is required to navigate the complexity of the matter. The disputes can be solved through the process of mediation and litigation.
Ownership rights:
When a person has a legal right and power to use, control and dispose a property at their discretion by following the law, is termed as ownership right. But these rights are limited by environmental regulations, public law, property agreements such as leases, and zoning laws.
Leases and Easement:
The legal agreement between landlord and tenant which allows a tenant to use and control a property for a specified period of time in exchange of rent, is known as lease. It is temporary and can be revoked by landlord. Easement differs from lease, as it gives legal right to a person to use someone else’s property for a specific purpose like use of utility lines.
Landlord and tenant law:
This law regulates the relationship between landlord and tenant and states the right, responsibilities and obligations of both the parties towards each other in rental agreement. The tenant is protected from unlawful eviction and unfair treatment whereas the landlord has ownership right to control and use the property.
Real Estate Matters:
Real estate is related to any land and durable structures and the matters of real estate include buying, selling and managing these types of estates. It can be industrial, commercial, residential, raw land and special use. If there is disagreement related to such issue then, these matters can be resolved through the process of mediation, negotiation, and legal action in court of law.
RERA Suits:
RERA is known to be the Real Estate Regulatory Authority which is governed by the Real Estate (Regulation and Development) Act, 2016 in India. This is made for providing justice to the victims whenever any fraud or cheating is committed by Builders or developers. It helps in providing compensation to victim.
Apart from these laws, some other property law includes property taxes and levies, partition suits, mortgage law, will and inheritance laws. Each factor requires a thorough analysis and an expert legal assistance to navigate the complexities of issues related to property law. Lead India Law ensures best course of action and provide a lawyer who will resolve the property related matter in efficient and effective way.
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Frequently Asked Questions (FAQs)
Q. What categories of property are covered by property law?
Ans. Property law covers, movable property, immovable property, incorporeal property and intellectual property.
Q. What are the causes of property disputes?
Ans. The common causes of property disputes can be ownership disagreement, illegal possession, breach of contract, unauthorized transfer, and rent arrears.
Q. How to legally deal with illegal possession of property?
Ans. The issue of illegal possession of property can be resolved in an amicable way, if there is no outcome then legal notice can be send by the owner. If still the matter remains unresolved, the owner may consider filing a civil suit in court of law.
Q. How lease is different from easement?
Ans. A lease is legally transferred of ownership rights for a specified period of time in exchange of money, whereas easement is right to use another property for specific purpose.
Q. What is mortgage in property law?
Ans. A mortgage is legal agreement between lender and borrower, where borrower offers property as security for a loan. Moreover, the lender has a right to claim the property if borrower fails to pay the loan.
Q. How to legally evict a tenant?
Ans. To legally evict a tenant, the landlord must issue a notice to the tenant by specifying a valid ground of eviction. If tenant did not vacate the property within specified time, then landlord has a right to file a civil suit in court of law.
Q. What are property taxes?
Ans. The property taxes is basically imposed on the ownership of property by the local or central authorities, the amount of taxes depends on the value of property and its location.
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