Property Laws

According to prevailing Indian laws, a female Hindu is the absolute owner of her property. Legal rights of women to own property was not officially recognized till the introduction of the Hindu Succession Act, 1956. The Act transformed the limited ownership of a woman into absolute ownership.

Hindu law does not recognize the legal right of a concubine to claim maintenance. A concubine is a woman who cohabits with a man to whom she is not legally married. Simply put, we are talking about a mistress. A concubine is usually given an inferior position in the Indian society as compared to a legally wedded wife. In Hindu law, such a woman is termed as ‘Avarudha Stri.’ In earlier times, it was believed that such a woman should live in the family home of her paramour.

Building a home is a once in a lifetime investment and so no one wants to take any chances. A thorough and detailed analysis of the various builders and the housing schemes offered by them should be done before taking the final decision. Some unscruplous real estate home builders may have bought the land on lease and tried to pass it off as their own to make quick money. As an investor, you have to ensure that you do a complete check on the builder's credibility. Although the Indian real estate industry has several big as well as small players, it is important to remember that there is no regulatory authority to check their functioning. In such a scenario, investors have to very careful while taking their real estate investment decisions.

Islam permits the fulfillment of a man’s natural inclinations within reasonable limits so that no evil comes out of them. Islamic law permits individual ownership but discourages concentration of wealth within a small section of the society.

If you live in India or have plans to do so, it makes sense to invest in real estate. You can buy a plot of land and build a home on it or sell it and buy a flat, depending on your requirements. It makes sense to be aware of land registration laws so that you are not cheated by builders, developers or anybody for that matter. According to the provisions of the Indian Registration Act, 1908, land registration is required to be done within four months after the agreement takes place.

Land Registration Laws and Importance of Local Administrative Records

Land registration laws require you to follow certain procedures. Suppose you register the property in your name, you become its legal owner. This means that the local administrative authority recognizes this in their official records too. They keep records updated through registration of any change of ownership titles and property transactions that take place in the area under its governance.

Remember, in India, almost every state has its independent authority to deal with land registrations. This authority takes decisions on the fees, charges other matters associated in the process. However, there is only marginal difference in the rules and fee charged by different states.

When you are investing in real estate, a number of questions may arise in your mind. More so, you may not even know what to ask. The following are some basic questions that every investor should ask and find the answer for in the context of real estate laws in India.

In Hindu law, the joint family has always been considered as a patriarchal organization in which the senior most male ascendant is revered as the elder of the family or karta or manager.

An investment in real estate is generally a long-term commitment; wherein the funds may be blocked for as much as 15-20 years to gain a decent return. Also, considering the fact that purchasing a real estate property requires large amount of funds, it is wise to take the plunge after careful deliberation. For the average investor, the best strategy to invest in real estate in India is to finance at least a part of the property with a loan.

In Islam, although women are entitled to inheritance, their share is often less than that of men.  In general, Islam allows women half the inheritance available to males with the same degree of relationship to the deceased. As a result, inheritance laws in Islam are widely considered to be unjust towards women.

Transfer of a property is generally initiated by the owner. The rules governing ownership transfer change when two or more individuals enjoy common ownership in a property. In such an instance, a co-owner may transfer his/her share of the property to another individual, who may even be another co-owner.