(Eviction, Stay, Possession, Will etc.)

There are more common property related issues of illegal possession, ancestral property settlement, property dispute of siblings, harassment by builders, disputes between relative regarding common property, land , and farms and dispute regarding Will.

Most Important property related Issues are Partition of movable / immovable properties,  Declaration of Ownership of Property, suit against Ancestral Property / Joint Hindu Property / Parental Property / Joint-Ownership Property.

The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in Indiaand any kind of property may be transferred, including the transfer of immovable property.

Law of Partition of Property is a division of real or personal property between co-owners or co-proprietors. 

In India, there are various laws that deal with property in India as follows:

1. Partition Act, 1893 [3]

2. Indian Succession Act, 1925[4]

3. Hindu Succession Act [5]

4. Muslim Personal Law (Shariat) Application Act, 1937 [7]

There are two types of properties that can be partitioned as per the Property Partition Laws in India:

1. Self-Acquired Property

Self-acquired property is the property that a person acquires with his own hard-earned money and is not inherited by his forefathers. Also, any property acquired by gift or will is also considered as a Self-Acquired Property. 

2. Ancestral property 

Any property which is acquired by a person’s forefathers is termed as ancestral property. Such a property must be four generations old.

A person who is born in that family has a vested interest in the property which means that he has acquired the property by the virtue of his birth in the family and such property can be partitioned.

Following are methods to partition an Ancestral Property:

1. Partition by mutual settlement between the parties through Partition Deed or Family settlement Deed.
2. Partition through Court by filing the Partition Suit.
3. Partition through Will Probate. Probate is a copy of the Willcertified under the seal of the Court.