Property and Land Disputes

What this case type involves

Jurisdiction and the right court

Key legal provisions

Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.

• ‘Section 54, Transfer of Property Act 1882’

  sale of immovable property worth ₹100 or more can be made only by a registered instrument; a contract for sale does not itself create any interest in the property.

• ‘Section 17, Registration Act 1908’

  documents that must be compulsorily registered — sale deeds, gifts of immovable property, leases exceeding one year.

• ‘Section 10, Specific Relief Act 1963’ and ‘Section 20, Specific Relief Act 1963’

  after the 2018 amendment specific performance of a contract is the rule, subject to the exceptions in Sections 11(2), 14 and 16.

• ‘Section 6, Specific Relief Act 1963’

  summary suit to recover possession by a person dispossessed without consent, within six months, without proving title.

• ‘Article 65, Limitation Act 1963’

  twelve years for a suit for possession based on title, from when the defendant's possession becomes adverse.

• ‘Article 54, Limitation Act 1963’

  three years for specific performance — from the date fixed for performance, or from notice of refusal where no date is fixed.

• ‘Section 6, Hindu Succession Act 1956’

  daughters are coparceners by birth with equal rights in ancestral property (Vineeta Sharma v. Rakesh Sharma (2020)).

• ‘Section 18, Real Estate (Regulation and Development) Act 2016’

  refund with interest or interest for every month of delay where the promoter fails to deliver possession.

Filing procedure, step by step

1. 1Collect the chain of title documents — sale deeds, mutation entries, revenue records (khasra/khatauni, 7/12 extract, patta), encumbrance certificate — and verify registration and stamping.
2. 2Send a legal notice where a contract or tenancy is involved; for suits against the Government a notice under ‘Section 80, Code of Civil Procedure 1908’ is mandatory two months before filing.
3. 3File the suit in the court where the property is situated with a valuation for court fee; move for temporary injunction under Order XXXIX Rules 1 and 2 to protect possession or prevent alienation.
4. 4Pleadings, issues, documentary and oral evidence, and arguments follow; property suits often require a local commissioner or survey report.
5. 5Decree is executed under Order XXI — delivery of possession, partition by metes and bounds, or execution of the sale deed by the court on the defendant's failure.
6. 6Appeal under Section 96 CPC within the limitation, and thereafter second appeal and SLP.

Limitation periods

• Suit for possession based on title: 12 years (Article 65). Suit based on previous possession: 12 years from dispossession (Article 64).
• Summary suit for possession under Section 6, Specific Relief Act 1963: 6 months from dispossession.
• Specific performance: 3 years (Article 54). Declaration: 3 years (Article 58). Partition: no limitation while joint possession continues, but 12 years from ouster.
• Land acquisition: objections within 60 days of the preliminary notification (Section 15, RFCTLARR Act 2013); reference application within six weeks of the award if present, or six months otherwise (Section 64).
• RERA: complaint has no fixed limitation under the Act; appeal to the Appellate Tribunal within 60 days (Section 44); appeal to the High Court within 60 days (Section 58).

Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.

Documents you will need

• Registered title deeds and prior chain of title
• Revenue and municipal records — mutation, property tax receipts, encumbrance certificate
• Agreement to sell, payment receipts and correspondence
• Site plan, survey or demarcation report
• Legal notice and reply; Section 80 CPC notice where the State is a party
• For RERA: builder-buyer agreement, allotment letter, payment schedule, RERA registration of the project

Practical tips for litigants

• An unregistered agreement or a power of attorney does not transfer title — the Supreme Court in Suraj Lamp & Industries v. State of Haryana (2011) made this clear.
• Protect possession first: a temporary injunction or a Section 6 suit is often more urgent than a title suit.
• In partition matters, list every item of joint property and every sharer; omitted property leads to a second round of litigation.
• For builder delays, RERA is usually faster than a civil suit; the refund-with-interest remedy under Section 18 is available even after delayed possession is offered.

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