India Real Estate Dictionary — 1070+ Property & RERA Terms Explained

A

5 terms

Adverse Possession

Legal

A doctrine under which a person who occupies land openly, continuously and against the true owner's rights for the period set by the law, usually 12 years for private land and 30 years for government land, can claim ownership.

Legal basis: Limitation Act, 1963 (Articles 65 and 112).

Example & agent tip

Example: A squatter lives on an unattended plot for more than 12 years and claims title. A court asks if the possession was hostile and uninterrupted.

Agent tip: Visit vacant plots and look for encroachment. An old unattended plot is a warning sign.

Related: Limitation Period Title

Ancestral Property

Legal

Also called: Pushtaini Jaidad, Paitrik Sampatti

Property inherited from a father, grandfather or great-grandfather in the male line, which has been passed down without division. A child gains a right to it by birth, unlike self-acquired property, which the owner can handle freely.

Example & agent tip

Example: A 5-acre family farm near Karnal has passed from great-grandfather to father unpartitioned. The son's children have a claim along with him.

Agent tip: When a seller offers family land, ask how he obtained it. If it is ancestral, other family members may have a claim.

Arbitration and Conciliation Act, 1996

Legal

Also called: Arbitration Act, A&C Act

The law that governs arbitration in India, where a private arbitrator decides a dispute instead of a court, and also covers conciliation and enforcement of awards. Many builder agreements and commercial leases carry an arbitration clause.

Legal basis: Arbitration and Conciliation Act, 1996, as amended.

Example & agent tip

Example: A commercial landlord and tenant in Bengaluru go to arbitration under their lease. The arbitrator's award is later enforced by the court.

Agent tip: Read the arbitration clause in the agreement before signing. Check the seat, the number of arbitrators and who bears the fees.

Arbitration Clause

Legal

A contract term that sends disputes to arbitration instead of court. Under RERA, buyers can still approach the RERA authority despite such a clause.

Legal basis: Arbitration and Conciliation Act, 1996.

Example & agent tip

Example: A builder-buyer agreement says all disputes go to arbitration, but the buyer files a complaint with the state RERA authority.

Agent tip: Courts have held that an arbitration clause does not bar RERA remedies. Take legal advice before relying on it.

Attachment of Property

Legal

Also called: Kurki, Property Attachment, Court Attachment

A court or authority order that freezes a property so the owner cannot sell it while a debt or claim is decided. The order may be recorded in the registry or revenue record, and a sale made after it may be void against the claimant.

Example & agent tip

Example: A court in Panipat attaches a shop in a money-recovery case, and the attachment is noted in the revenue record. The owner's later sale to a buyer is challenged.

Agent tip: Search for attachments in the court and registrar records. A buyer who ignores one risks losing the property.

B

2 terms

Benami Transaction

Legal

A deal in which property is held by one person but paid for by another, who is the real beneficiary. The law prohibits it, and the property can be confiscated.

Legal basis: Benami Transactions (Prohibition) Act, 1988, as amended in 2016. Penalties include imprisonment of one to seven years and a fine of up to 25% of fair market value. The constitutional validity of some provisions has been in dispute.

Example & agent tip

Example: A businessman buys a flat in his driver's name to hide the money. The authorities can attach the flat.

Agent tip: Do not take part in deals where the buyer and payer are different without a lawful reason.

Related: Title Due Diligence

Bona Fide Purchaser

Legal

A buyer who pays fair value and acts in good faith, without knowing of a defect in the seller's title. In certain cases, the law protects such a buyer against earlier unknown claims, but only if proper care was taken to inquire.

Example & agent tip

Example: A buyer in Pune checks the registrar's records and the revenue record, pays by bank transfer and registers the deed. Later, an unknown claimant surfaces, and the buyer's good faith helps him defend.

Agent tip: Good faith needs proof. Keep the title search, the receipts and the bank trail with the deal file.

C

10 terms

Caveat

Legal

A notice filed in court by a person who expects an application against them, asking the court to hear them before passing any order.

Legal basis: Section 148A of the Civil Procedure Code, 1908.

Example & agent tip

Example: A buyer fears the seller will get an ex parte stay and files a caveat.

Agent tip: A caveat gives a short advance notice of cases. Ask a lawyer.

Related: Civil Court Injunction

Charge on Property

Legal

A claim on a property that secures payment of a sum without transferring ownership or possession, created by law or by an act of the parties. It sticks to the property, and a buyer with notice takes it subject to the charge.

Legal basis: Transfer of Property Act, 1882, Section 100.

Example & agent tip

Example: A will in Indore says a house is charged with paying monthly maintenance to the testator's sister. The buyer of the house takes it subject to this payment.

Agent tip: Check for charges in the title documents, not only in the lender's papers. An old will or decree may impose one.

Cheating in Property Deals (BNS)

Legal

Also called: BNS 318, IPC 420, Dhokhadhadi

The offence of dishonestly deceiving someone so as to make them part with money or property, which is covered by section 318 of the Bharatiya Nyaya Sanhita, replacing IPC section 420. Examples include selling the same plot twice or selling land the seller does not own.

Legal basis: Bharatiya Nyaya Sanhita, 2023, Section 318 (earlier IPC Section 420).

Example & agent tip

Example: A dealer in Kharar sells the same plot to two buyers and takes the money from both. The second buyer files a complaint for cheating.

Agent tip: Document every promise and payment. A complaint with a clear paper trail has a better chance than a verbal one.

Cheque Bounce (Section 138)

Legal

Also called: Section 138 NI Act, Cheque Dishonour

An offence under the Negotiable Instruments Act when a cheque given to discharge a debt is returned unpaid for insufficient funds or similar reasons, and the drawer fails to pay after notice. It is often used in property payments.

Legal basis: Negotiable Instruments Act, 1881, Section 138.

Example & agent tip

Example: A buyer pays Rs 10 lakh by cheque to a seller in Mohali, and it bounces. The seller sends a legal notice demanding payment within the statutory period.

Agent tip: Pay by bank transfer where possible. If a cheque bounces, act on the notice timeline, as missing it can end the remedy.

Civil Court

Legal

A court that decides disputes about property, contracts and money. Property suits for title and possession are filed here.

Example & agent tip

Example: A buyer files a civil suit for a declaration of title and an injunction.

Agent tip: Civil suits can take years, so settlement is often wiser.

Related: Injunction Lis Pendens

Constructive Notice

Legal

Also called: Deemed Notice, Notice of Possession

A legal rule that treats a person as knowing a fact even if they do not, when they could have found it with ordinary care. A buyer who skips a look at registered records or the property's possession may be treated as having notice of what was there.

Example & agent tip

Example: A buyer in Mysuru does not visit the plot, where a tenant has lived for years. A court treats him as aware of the tenant's possession.

Agent tip: Always inspect the site and the registered records. What a visit would have shown, the law may treat you as having known.

Consumer Commission

Legal

A forum that hears consumer complaints, including by homebuyers against developers for deficiency of service. The District Commission hears claims up to ₹50 lakh, the State Commission from ₹50 lakh to ₹2 crore, and the National Commission above ₹2 crore, based on the price paid.

Legal basis: Consumer Protection Act, 2019 and the 2021 Rules. Remedies exist alongside RERA.

Example & agent tip

Example: A buyer who paid ₹80 lakh for a delayed flat files before the State Commission.

Agent tip: Buyers can choose RERA or the Consumer Commission. A lawyer can advise which suits their case.

Related: NCDRC RERA Authority

Consumer Protection Act, 2019

Legal

Also called: CPA 2019, Consumer Act

The law that protects buyers of goods and services, including flat buyers who get a deficient service from a builder. It sets up consumer commissions at district, state and national levels and deals with unfair trade practices and misleading advertisements.

Legal basis: Consumer Protection Act, 2019.

Example & agent tip

Example: A buyer in Kanpur whose builder delays possession files a complaint in the district commission for refund and interest, under this Act.

Agent tip: Choose a forum with care. A buyer may pursue RERA or the consumer commission, and the pecuniary limit of the commission depends on the amount paid.

Coparcenary

Legal

Also called: Coparcener, Mitakshara Coparcenary

A joint Hindu family arrangement in which members born into the family, now including daughters, have an equal right by birth in ancestral property. The family's eldest member usually manages it as karta, and a coparcener can ask for partition.

Example & agent tip

Example: A family business in Jaipur owns a house as ancestral property. One coparcener sells his share without telling the others, and they challenge it.

Agent tip: For ancestral property, get consent from all coparceners or confirm a prior partition. A sale by one member can be set aside.

Criminal Trespass (BNS)

Legal

Also called: BNS 329, IPC 441, Trespass

Entering or staying on another's property to commit an offence or to intimidate, insult or annoy the owner or occupier, which is dealt with under the Bharatiya Nyaya Sanhita. It is the criminal side of illegal entry and often arises in land grabbing.

Legal basis: Bharatiya Nyaya Sanhita, 2023, Section 329 (earlier IPC Section 441).

Example & agent tip

Example: A group breaks the lock of a vacant plot's gate in Zirakpur and starts digging a foundation. The owner files a police complaint for criminal trespass.

Agent tip: Fence and sign vacant plots, and keep photos with dates. In disputes over title, a civil case is often also needed.

D

2 terms

Declaratory Suit

Legal

Also called: Suit for Declaration, Declaration Suit

A civil case in which a person asks the court to declare a legal right, such as ownership of a property or the invalidity of a deed. It does not claim money but clears doubt about a title.

Example & agent tip

Example: A woman in Ranchi files a suit asking the court to declare that a sale deed made by her brother, using a forged signature, is not binding on her.

Agent tip: A pending declaratory suit over a property is a serious warning. Check court records before closing a deal.

Deficiency in Service

Legal

Also called: Service Deficiency

Any fault, shortfall or inadequacy in the quality or manner of a service, which a consumer can complain about. For housing, it covers delay in possession, poor construction or failure to provide promised amenities.

Example & agent tip

Example: A builder in Indore promised a clubhouse but never built it. The buyers file a complaint of deficiency in service before the district consumer commission.

Agent tip: Collect brochures, agreements and emails promising the facility. They are the main proof in a complaint.

E

6 terms

Easement

Legal

A right of one owner to use another's land for a specific purpose, such as a right of way, drainage or light and air.

Legal basis: Indian Easements Act, 1882.

Example & agent tip

Example: A house has a legal right of way through the neighbour's plot to reach the road.

Agent tip: Check on site for paths, pipes and other uses that may amount to easement rights.

Related: Encumbrance Quiet Enjoyment

Effect of Non-Registration

Legal

Also called: Section 49 Registration Act, Unregistered Document

A document that the law requires to be registered cannot normally be used to prove a transfer if it is not registered. An unregistered sale deed may be used only for a limited purpose, such as showing that possession was given.

Legal basis: Registration Act, 1908, Section 49.

Example & agent tip

Example: A buyer in Rewari has only an unregistered agreement for a plot. When the seller refuses to complete, the buyer finds that the paper cannot prove ownership.

Agent tip: Never rely on an unregistered paper as title. Insist on a registered sale deed.

Encroachment

Legal

The unlawful extension of a person's building, fence or use onto another's land or onto public land such as a road or a drain. Authorities can remove it, and a private owner can seek removal through the courts.

Example & agent tip

Example: A shopkeeper in Ambala extends his shed 6 feet into the municipal footpath, and the corporation issues a notice to remove it.

Agent tip: Walk the boundaries with the map before buying. A plot with an encroachment may be smaller than the deed shows.

Encumbrance

Legal

Any claim or burden on a property, such as a mortgage, lien, easement, court order or pending litigation, that can affect a buyer's rights.

Example & agent tip

Example: A flat that is mortgaged to a bank is an encumbered property until the loan is cleared.

Agent tip: Check the encumbrance certificate, the bank's NOC and CERSAI for charges.

Escheat

Legal

The passing of property to the government when its owner dies without any legal heir or will. In India, the state takes the property, and the claim is made under the doctrine of escheat and the related provisions of the Constitution.

Example & agent tip

Example: A man in Dehradun dies without any known relative or will. The district authority takes steps to take over his empty house for the state.

Agent tip: Property is rarely escheated if a legal heir exists. If an owner is old and alone, a registered will helps.

Eviction

Legal

The legal removal of a tenant or occupier from a property. It must follow the law and the agreement, and usually needs a court or authority order.

Example & agent tip

Example: A landlord files for eviction after a tenant fails to pay rent for six months.

Agent tip: Never advise forceful eviction. It is illegal.

Related: Tenant Rent Control Act

F

4 terms

Force Majeure

Legal

A contract clause that excuses a party from liability for events beyond its control, such as natural disasters or war. Under RERA, the promoter's registration can be extended by up to one year for force majeure.

Legal basis: Defined in Section 6 of the RERA Act, 2016.

Example & agent tip

Example: A flood delays construction. The builder claims force majeure to extend the possession date.

Agent tip: Check how the agreement defines force majeure. Builders sometimes use it to cover ordinary delays.

Forgery of Property Documents (BNS)

Legal

Also called: BNS 336, IPC 465, Jaali Dastavez

The offence of making a false document, such as a forged deed, signature or stamp, to cause damage or take property. Forgery and the use of forged documents are punishable under the Bharatiya Nyaya Sanhita, replacing the earlier IPC provisions.

Legal basis: Bharatiya Nyaya Sanhita, 2023, Section 336 (earlier IPC Section 465 and related sections).

Example & agent tip

Example: A fraudster in Gurugram uses a forged power of attorney to sell a NRI's plot, and the registrar's records are later corrected after a police case.

Agent tip: Verify identity and the power of attorney at the registrar. Forged papers cause some of the biggest property frauds.

Fraudulent Transfer

Legal

Also called: Sham Transfer, Section 53 Transfer

A transfer of property made to defeat or delay the creditors of the seller. Under the Transfer of Property Act, such a transfer can be cancelled at the creditors' request, unless it was made in good faith and for value.

Legal basis: Transfer of Property Act, 1882, Section 53.

Example & agent tip

Example: A businessman owing a large loan gifts his house to his wife days before the lender sues. The lender asks the court to set the gift aside.

Agent tip: Be cautious when a seller is in debt and sells quickly below the market price. The sale can be challenged by creditors.

Freehold Property

Legal

Property in which the owner holds the land and building outright with no time limit and no ground rent to a superior owner.

Example & agent tip

Example: A freehold plot in a private colony can be sold or mortgaged without the lessor's permission.

Agent tip: Freehold is generally preferred by buyers and banks. Check the status in the title papers.

Related: Leasehold Property Title

H

3 terms

Hiba (Muslim Gift)

Legal

Also called: Hibanama, Muslim Gift

A gift of property under Muslim personal law, which becomes complete when the donor declares the gift, the donee accepts it and possession is delivered. A gift of immovable property by a registered deed is often preferred in practice, to avoid disputes.

Example & agent tip

Example: A father in Hyderabad gifts a flat to his daughter. To avoid doubt, the family registers a gift deed, besides the declaration and the handing over of possession.

Agent tip: Even where personal law allows an oral gift, insist on a registered deed and proof of possession. It reduces later challenges.

Hindu Succession Act, 1956

Legal

Also called: HSA 1956

The law governing inheritance among Hindus, Buddhists, Jains and Sikhs when someone dies without a will. A 2005 amendment gave daughters the same rights as sons in joint family property. Property is inherited by heirs in classes fixed by the Act.

Legal basis: Hindu Succession Act, 1956, as amended in 2005.

Example & agent tip

Example: A man in Karnal dies without a will. His widow, two sons and a daughter each inherit an equal share in his self-acquired property, as the Act provides.

Agent tip: When a seller says an heir 'has no share', ask for a release or a registered partition. Daughters now share in family land.

Hindu Undivided Family (HUF)

Legal

A family unit of lineal descendants of a common ancestor, treated as a separate taxpayer for income tax. Ancestral property can be held by an HUF.

Legal basis: Hindu Succession Act, 1956, as amended in 2005, gives daughters equal coparcenary rights by birth, a point confirmed by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020).

Example & agent tip

Example: An ancestral house is held by an HUF. All coparceners, including daughters, have a right to it.

Agent tip: In a family property sale, ask who the coparceners are and whether they have all consented.

I

5 terms

Indian Contract Act, 1872

Legal

The law that governs contracts, including agreements to sell property. A valid contract needs offer, acceptance, consideration, capacity and free consent.

Example & agent tip

Example: A contract signed under pressure can be void or voidable.

Agent tip: Know the basics when you advise on advance payments and cancellation.

Indian Succession Act, 1925

Legal

Also called: Succession Act

The law on how property passes at death by will or without a will, for many communities. It sets rules on how wills are made, probate and letters of administration, and who inherits, although Hindus, Muslims and others are governed in part by their own laws.

Legal basis: Indian Succession Act, 1925.

Example & agent tip

Example: A Christian widow in Bengaluru needs to prove her late husband's will and applies for probate under this Act.

Agent tip: Ask which law governs the deceased's religion and property before relying on a family claim. It decides who the heirs are.

Injunction

Legal

A court order that stops a party from doing something, or requires them to do something. It is often used to stop the sale or construction of a disputed property.

Legal basis: Specific Relief Act, 1963 and Civil Procedure Code, 1908.

Example & agent tip

Example: A court orders a seller not to sell a plot until the dispute with a co-owner is decided.

Agent tip: Always check for court orders on a property.

Insolvency

Legal

A state in which a debtor cannot pay debts. Homebuyers are treated as financial creditors under the Insolvency and Bankruptcy Code, 2016, and a group of at least 100 allottees or 10% of the allottees in the same project, whichever is less, can start proceedings.

Legal basis: Insolvency and Bankruptcy Code, 2016, as amended in 2018 and 2020.

Example & agent tip

Example: Allottees of a stalled project file together under the Code against the developer.

Agent tip: Insolvency is a last resort. It can delay possession further, so advise carefully.

Intestate Succession

Legal

Also called: Succession Without Will, Dying Intestate

The passing of a person's property by law, when the owner dies without a valid will. The heirs and their shares depend on the deceased's religion and the personal law that applies to the person.

Example & agent tip

Example: A bachelor in Lucknow dies without a will, and his mother and siblings inherit his flat in the manner his personal law sets out.

Agent tip: In such cases, a legal heir certificate or succession certificate, plus mutation, is needed before the heirs can sell.

J

1 terms

Joint Ownership

Legal

Ownership of the same property by two or more persons together. Co-owners may hold it as tenants in common, with defined shares, as a rule. Whether any right of survivorship exists depends on the document and the law, so take legal advice.

Example & agent tip

Example: A husband and wife buy a flat together and both sign the sale agreement.

Agent tip: In a sale by joint owners, every co-owner must sign. A sale by one co-owner can bind only his share.

K

1 terms

Karta

Legal

Also called: Manager of HUF

The head of a Hindu Undivided Family who manages its property and affairs. A karta can sell family property in some cases, such as legal need, but he cannot generally do so freely without the other members' consent.

Example & agent tip

Example: A karta in Amritsar sells an ancestral shop to pay a family debt. The buyer asks for proof of the debt and consent letters from adult coparceners.

Agent tip: When the seller signs as karta, ask for proof of legal necessity, and get adult members to sign as well.

L

15 terms

Land Acquisition (RFCTLARR Act, 2013)

Legal

The central law under which governments acquire private land for public purposes, with compensation, rehabilitation and consent requirements.

Legal basis: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Example & agent tip

Example: A landowner is paid compensation when land is acquired for a highway.

Agent tip: Check whether a plot is under acquisition notice before you quote a price.

Related: Land Pooling Master Plan

Land Dispute Proceedings (BNSS Section 164)

Legal

Also called: BNSS 164, CrPC 145, Section 145 Proceedings

A procedure under the Bharatiya Nagarik Suraksha Sanhita by which a magistrate acts when a dispute over land or water threatens a breach of peace. The magistrate decides who is in possession for the moment, and not who owns the land.

Legal basis: Bharatiya Nagarik Suraksha Sanhita, 2023, Section 164 (earlier CrPC Section 145).

Example & agent tip

Example: Two families quarrel over a boundary strip near Patiala, and the magistrate passes an order recording who holds possession until the civil court decides title.

Agent tip: Such an order does not decide ownership. Use it as a quick relief, and go to the civil court for title.

Landlord

Legal

The owner of a property who rents it out.

Example & agent tip

Example: A landlord rents a flat and collects a deposit.

Agent tip: Check that the landlord has the right to let the property.

Related: Tenant Rent Agreement

Leasehold Property

Legal

Property held for a fixed term under a lease from the owner, often a development authority. The leaseholder may need permission to transfer it, and may pay transfer fees or ground rent.

Example & agent tip

Example: Delhi Development Authority flats and many plots in Navi Mumbai were originally leasehold.

Agent tip: Check the remaining lease term, the transfer rules and any conversion to freehold policy.

Legal Heir Certificate

Legal

A document issued by the revenue authority (usually the tehsildar) that names the legal heirs of a deceased person. Buyers ask for it when title comes by inheritance.

Example & agent tip

Example: A son applies for a legal heir certificate after his father's death, to mutate the house in the family's names.

Agent tip: Check that all heirs are listed and that they agree to the sale.

Legal Notice

Legal

Also called: Lawyer Notice, Vakil Notice

A formal written notice sent through a lawyer, which tells the other side about a claim and demands action within a stated time. It is a normal first step in property and payment disputes, and some laws require it before filing a case.

Example & agent tip

Example: A buyer in Chandigarh sends a legal notice to a builder, demanding possession within 30 days or a refund with interest.

Agent tip: Keep the postal receipts and email proof. State the facts, the amount and the deadline clearly.

Lessee

Legal

The person who takes a property on lease.

Example & agent tip

Example: A company that leases an office is the lessee.

Agent tip: Read the lessee's obligations on rent, repairs and sub-letting.

Related: Lessor Lease Deed

Lessor

Legal

The person who grants a lease, usually the property owner.

Example & agent tip

Example: The owner of a showroom is the lessor in the lease.

Agent tip: Check that the lessor has the right to grant the lease.

Related: Lessee Lease Deed

Licensee

Legal

A person allowed to use a property under a licence, without any interest in the property itself. A licence can be withdrawn, unlike a tenancy.

Legal basis: Indian Easements Act, 1882, Section 52.

Example & agent tip

Example: A person staying under a leave and license agreement is a licensee.

Agent tip: Keep the agreement in writing and stamped.

Limitation Act, 1963

Legal

Also called: Limitation Act

The law that sets time limits within which a person must file a court case. After the time lapses, the court will normally not hear the claim. It sets periods for suits on contracts, possession of property and other civil claims.

Legal basis: Limitation Act, 1963 (for example, Article 65 sets 12 years for a suit for possession based on title).

Example & agent tip

Example: A buyer in Raipur waits eight years after a builder's default and then files for a refund. The builder objects that the claim is time-barred.

Agent tip: Note down key dates, such as the possession date and the last demand. Act early rather than waiting for limitation to be argued.

Limitation Period

Legal

The time within which a legal claim must be filed. After it expires, the claim is barred. A suit for specific performance of a sale contract has a three-year period.

Legal basis: Limitation Act, 1963.

Example & agent tip

Example: A buyer who waits four years after the seller refuses to execute a sale deed may lose the right to sue for specific performance.

Agent tip: Tell clients to act quickly when a dispute arises.

Liquidated Damages

Legal

A fixed sum agreed in a contract as compensation for a breach. Courts allow reasonable amounts and may reduce penalties.

Example & agent tip

Example: An agreement states that a buyer who cancels forfeits 10% of the price.

Agent tip: One-sided cancellation terms may be challenged. RERA has no fixed forfeiture cap. A promoter can cancel only in terms of the agreement, and an allottee can approach the Authority against unilateral or unjustified cancellation.

Lis Pendens

Legal

A principle that a property involved in a pending court case cannot be transferred in a way that affects the rights of the parties in that case.

Legal basis: Transfer of Property Act, 1882, Section 52.

Example & agent tip

Example: A plot is sold while a title suit is pending. The buyer is bound by the outcome of the suit.

Agent tip: Check for pending cases before buying.

Related: Litigation Check Injunction

Litigation Check

Legal

A search to find out whether a property is involved in any court case or dispute, done through court records and by enquiry.

Example & agent tip

Example: A buyer's lawyer searches the district court and consumer forum records for the seller's name.

Agent tip: Add litigation search to your due diligence checklist.

Related: Due Diligence Lis Pendens

Lok Adalat

Legal

A forum that settles disputes by mutual agreement, with no court fee. Its award has the status of a court decree and cannot be appealed.

Legal basis: Legal Services Authorities Act, 1987.

Example & agent tip

Example: A small property dispute between neighbours is settled at a Lok Adalat in a day.

Agent tip: Suggest Lok Adalat for quick settlements.

Related: Civil Court Mediation

M

5 terms

Marketable Title

Legal

A title free from reasonable doubt, which a court would enforce if the buyer's purchase were challenged. A seller must show a marketable title unless the contract says otherwise.

Legal basis: Transfer of Property Act, 1882, Section 55(1)(a) requires the seller to disclose material defects in title.

Example & agent tip

Example: A plot has an unbroken chain of registered deeds for 30 years and no litigation.

Agent tip: Ask a lawyer to confirm title before the buyer pays more than the token amount.

Mediation

Legal

A process in which a neutral person helps the parties reach a voluntary settlement. A settlement agreement can be enforced.

Example & agent tip

Example: A builder and buyer agree on a refund plan through mediation.

Agent tip: Use mediation to save time and cost.

Related: Lok Adalat Civil Court

Mesne Profits

Legal

Also called: Damages for Use and Occupation

The money a rightful owner can claim from a person who has wrongfully stayed in the property, for the period of the wrongful occupation. It is usually measured by the rent the owner could have earned.

Example & agent tip

Example: A tenant in Pune stays on after a court orders him out. The owner claims mesne profits equal to the market rent for those months.

Agent tip: Landlords should ask the court for mesne profits in the eviction suit. Keep proof of the market rent.

Model Tenancy Act

Legal

A central model law of 2021 that states may adopt. It requires written rental agreements, caps security deposits and sets up rent authorities and courts for speedy settlement of disputes.

Example & agent tip

Example: A state that adopts the Act requires landlords and tenants to submit their agreement to the Rent Authority.

Agent tip: It applies only in states that have adopted it. Check the status for your state.

Muslim Inheritance Law

Legal

Also called: Shariat Inheritance, Faraiz, Muslim Personal Law

At a general level, the Muslim personal law of inheritance divides a deceased person's property among fixed heirs in prescribed shares, such as spouse, children and parents. It governs Muslims in India in matters of inheritance, and a will is limited to a part of the estate.

Legal basis: Muslim Personal Law (Shariat) Application Act, 1937.

Example & agent tip

Example: A man in Bhopal dies leaving a widow, a son and two daughters. A lawyer prepares the heirs' list according to the Muslim law of shares before the flat can be mutated.

Agent tip: Do not guess shares. For a Muslim owner's estate, get an heirship list from a lawyer and have all heirs sign any sale.

N

5 terms

National Company Law Tribunal (NCLT)

Legal

Also called: NCLT, Insolvency Tribunal

The tribunal that hears company insolvency and related matters, including cases against insolvent builders. Home buyers who have paid for flats count as financial creditors under the insolvency law, and they can take part in the process.

Example & agent tip

Example: A builder in Gurugram goes into insolvency before the NCLT, and the flat buyers file their claims through an interim resolution professional.

Agent tip: If a builder faces insolvency, file your claim on time with the resolution professional. Keep your agreement and receipts ready.

NCDRC

Legal

The National Consumer Disputes Redressal Commission, the highest consumer forum, which hears claims above ₹2 crore based on the price paid.

Example & agent tip

Example: A group of buyers files a case in the NCDRC against a large builder.

Agent tip: Before RERA, many buyers used the Commission for relief.

Nominee vs Legal Heir

Legal

A nominee named in a society, bank or insurance record receives the asset to hold, but is not always the final owner. The legal heirs, under a will or the law of succession, usually decide who finally owns it. Courts have said this in many cases.

Example & agent tip

Example: A flat holder in Mumbai nominates his friend with the housing society. After his death, his children claim the flat as legal heirs, and the society transfers it only after the legal question is settled.

Agent tip: Tell clients that nomination alone does not replace a will. Make a will for flats, shares and accounts.

Notice to Quit

Legal

Also called: Quit Notice, Termination Notice

A written notice by a landlord or tenant to end a periodic tenancy, giving the period of notice the law or lease requires. The Transfer of Property Act sets minimum notice periods for monthly and yearly tenancies, which local laws or contracts may alter.

Legal basis: Transfer of Property Act, 1882, Section 106.

Example & agent tip

Example: A landlord in Mohali sends a written notice to quit to a month-to-month tenant, ending the tenancy after the notice period.

Agent tip: Check that the notice is in writing, signed and delivered with proof. Defective notices are a common reason eviction cases fail.

NRI (Non-Resident Indian)

Legal

An Indian citizen who lives outside India. Under foreign exchange law, NRIs and OCI cardholders may buy residential and commercial property in India, but not agricultural land, plantation property or a farmhouse.

Legal basis: Foreign Exchange Management Act (FEMA), 1999 and RBI rules.

Example & agent tip

Example: An NRI in Dubai buys a Mohali flat through his NRE account and a power of attorney.

Agent tip: Payment must come through banking channels. Taxes on sale are different for NRIs.

P

6 terms

Pagdi System

Legal

Also called: Pagri, Pugree, Salami

A tenancy practice found in Mumbai and Gujarat in which a tenant pays a large upfront sum, along with low monthly rent, to get a long-lasting right in the premises. The tenant can often pass it on to heirs, and the owner shares in a sale or redevelopment.

Example & agent tip

Example: A tenant in an old Mumbai shop holds it on pagdi at a nominal rent. When the owner wants to redevelop, they negotiate a share of the new area.

Agent tip: Redevelopment or sale of a pagdi property needs the tenant's agreement. Check the tenant's rights first.

Part Performance

Legal

A rule that protects a buyer who has taken possession under a written contract and has performed or is willing to perform his part. Since 2001 the contract itself must be registered, or the protection is lost.

Legal basis: Transfer of Property Act, 1882, Section 53A.

Example & agent tip

Example: A buyer holds possession under a registered agreement to sell, having paid part of the price and being ready to pay the rest. He can defend that possession against the seller.

Agent tip: It protects possession, but does not give ownership. Check that the agreement is registered, and get the sale deed registered.

Partition Suit

Legal

Also called: Suit for Partition, Batwara Case

A civil case in which a co-owner asks the court to divide a jointly held property and give a separate share. The court decides each party's share and may order division on the ground or a sale with the money shared.

Example & agent tip

Example: One of four heirs of a Bhopal house files a partition suit because the others refuse to divide it. The court appoints a commissioner to measure the shares.

Agent tip: Properties under a partition suit often cannot be sold cleanly. Check whether a preliminary decree or final decree exists.

Prohibition of Benami Property Transactions Act, 1988

Legal

Also called: Benami Act, PBPT Act

The law that bans benami transactions, where a person buys property in another's name but pays for it and enjoys it. The Act, amended in 2016, lets authorities attach and confiscate benami property and provides penalties.

Legal basis: Prohibition of Benami Property Transactions Act, 1988 (earlier called the Benami Transactions (Prohibition) Act), as amended in 2016.

Example & agent tip

Example: A trader in Ludhiana buys a plot in his driver's name. The tax authorities attach it as a benami property.

Agent tip: Buy in the true buyer's own name or a legally allowed form, such as a spouse's name for the family's benefit. Avoid arrangements that look like name-lending.

Public Premises Act

Legal

Also called: Public Premises (Eviction of Unauthorised Occupants) Act, 1971

A central law under which government authorities can remove unauthorised occupants from public premises and recover dues through an estate officer, in a faster process than an ordinary civil suit.

Legal basis: Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

Example & agent tip

Example: A person stays on in a railway-owned quarter after his lease ends, and the estate officer orders his eviction.

Agent tip: For government or authority property, learn whether this law applies. It affects how an eviction is done and where it is challenged.

Public Purpose

Legal

Also called: Public Use

The kind of objective for which the government may take private land by law, such as infrastructure, defence, public housing and projects of public use. The Act lists what qualifies, and courts can examine whether an acquisition truly serves a public purpose.

Example & agent tip

Example: A landowner in Haryana challenges the acquisition of his land for a private commercial scheme, saying it is not a public purpose.

Agent tip: When a land acquisition notice arrives, read the stated purpose carefully. A mismatch may give grounds to object.

Q

1 terms

Quiet Enjoyment

Legal

The right of a tenant or buyer to use a property without interference from the landlord or seller, subject to the law.

Example & agent tip

Example: A landlord who locks a tenant out breaches the tenant's right to quiet enjoyment.

Agent tip: The agreement should mention this right.

Related: Easement Lease Deed

R

7 terms

Registration Act, 1908

Legal

The law that lists which documents must be registered and sets the procedure for registration.

Example & agent tip

Example: Section 17 requires registration of sale deeds, gift deeds and leases for more than one year.

Agent tip: A draft Registration Bill, 2025 has been proposed to replace it. Check the current law.

Registration (Property)

Legal

The legal process of recording a document, such as a sale deed, with the Sub-Registrar of the area, on payment of stamp duty and the registration fee. A sale of immovable property worth ₹100 or more can be made only by a registered deed.

Legal basis: Registration Act, 1908 (Section 17) and Transfer of Property Act, 1882 (Section 54).

Example & agent tip

Example: A buyer and seller attend the Sub-Registrar's office with two witnesses to register the deed.

Agent tip: Present the document within four months of signing. The Registrar can accept a delay of up to four more months on a fine, and only for unavoidable reasons. After that it cannot be registered.

Rehabilitation and Resettlement (R&R)

Legal

Also called: R&R, Punarvas

Benefits given to families affected by land acquisition, such as housing, land, employment or cash support, in addition to compensation. The 2013 Act sets a framework, and states add their own schemes.

Example & agent tip

Example: Families displaced by a dam project in Madhya Pradesh receive plots in a resettlement colony, in addition to the compensation for their land.

Agent tip: If your land or house lies in an acquisition notice, ask about R&R entitlements as well as compensation. They are separate.

Rent Control Act

Legal

A state law that regulates rent, eviction and tenant rights in some areas, often protecting old tenants. Many states are replacing it with the Model Tenancy Act.

Example & agent tip

Example: In an old tenancy under the Rent Control Act, the rent is fixed at a very low level and the landlord cannot easily evict.

Agent tip: Before buying a tenanted property, check if the tenant has protected rights.

Revenue Court

Legal

Also called: Revenue Tribunal, Revenue Officer Court

A court or officer under the revenue department, such as a tehsildar, sub-divisional magistrate or collector, which hears matters on mutation, partition of agricultural land, tenancy and land records. Civil courts often cannot decide these.

Example & agent tip

Example: A dispute over mutation of inherited farmland in Bhiwani goes to the tehsildar, and an appeal goes to the collector.

Agent tip: Know the revenue appeal chain in your state. A late appeal can lose the case on time alone.

Right of First Refusal

Legal

Also called: ROFR

A contract right under which the holder gets the first chance to buy or lease a property if the owner decides to sell, on terms offered by an outside party. It is common in commercial deals and joint ventures.

Example & agent tip

Example: A co-investor in a Gurugram office has a right of first refusal in the agreement. When the owner finds an outside buyer, he must first offer the same price to the co-investor.

Agent tip: Write how long the holder has to respond and in which form. Without a time limit, a sale can be held up.

Right of Pre-emption

Legal

Also called: Shufa, Shufa Right, Pre-emption

A right of a person, such as a co-owner or neighbour, to buy a property before it is sold to an outsider, on the same terms. It arises from custom, contract or statute, and its use has narrowed over time.

Example & agent tip

Example: In a village of Haryana, a co-sharer claims a pre-emption right when his cousin sells his share to an outsider, and a court examines whether it applies.

Agent tip: Where the property is co-owned, offer it to co-owners first, in writing. It prevents a later claim.

S

10 terms

Self-Acquired Property

Legal

Also called: Swayarjit Sampatti, Self-Acquired Asset

Property that a person buys from their own income or receives by gift or will, not inherited as ancestral property. The owner may sell, gift or will it freely, and it passes under the law of succession on death.

Example & agent tip

Example: A doctor in Chandigarh buys a flat from his own savings. He can sell or leave it by will to anyone, regardless of his father's wishes.

Agent tip: For a sale, ask for the deed showing how the seller bought the property. It helps prove the property is not subject to family claims.

Small Causes Court

Legal

Also called: Court of Small Causes

A court that hears limited kinds of civil cases quickly, including in some cities disputes between landlords and tenants on rent and eviction. In Mumbai, rent matters fall to this court under the rent law.

Example & agent tip

Example: A landlord in Mumbai files an eviction suit for unpaid rent in the Small Causes Court rather than the civil court.

Agent tip: For tenancy disputes, check which court or rent authority has jurisdiction in your city before filing.

Solatium

Legal

Also called: Land Acquisition Solatium

An extra amount paid to a landowner on top of the market value in land acquisition, to offset the compulsory nature of the taking. Under the 2013 Act, it is fixed as a share of the compensation, and the figure is set out in the Act.

Legal basis: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Example & agent tip

Example: A farmer near Rajpura is paid market value for 2 acres taken for a highway, with solatium added by the collector's award.

Agent tip: Check an award for market value, solatium and interest. Errors can be taken up before the authority within time.

Specific Performance

Legal

A court order requiring a party to carry out a contract, such as completing the sale of a property. After the 2018 amendment, specific performance is a general right and not a matter of the court's discretion.

Legal basis: Specific Relief Act, 1963, as amended in 2018.

Example & agent tip

Example: A seller refuses to sign the sale deed after taking an advance. The buyer sues for specific performance.

Agent tip: A buyer must be ready and willing to perform his part. Keep records of payments.

Specific Relief Act, 1963

Legal

Also called: Specific Relief Act, SRA 1963

The law under which a court can order a person to carry out a contract, stop a wrongful act, or declare a right. After the 2018 amendment, specific performance became the usual remedy for a valid contract, and not merely an exception.

Legal basis: Specific Relief Act, 1963, as amended in 2018.

Example & agent tip

Example: A builder in Hyderabad refuses to hand over a flat after taking most of the price. The buyer seeks an order to enforce the agreement under this Act.

Agent tip: In a dispute, ask the lawyer whether the buyer can seek performance and not only a refund. The two remedies lead to very different outcomes.

Status Quo Order

Legal

Also called: Status Quo, Stay Order

A court order directing the parties to keep things as they stand, without selling, building, changing possession or altering the property. It protects the position until the court decides the main dispute.

Example & agent tip

Example: While two brothers fight over a Jalandhar house, the court passes a status quo order, so neither can sell or rent it.

Agent tip: If a status quo order exists, no buyer should go ahead. Ask for a copy of the order and check its current status.

Statutory Tenant

Legal

Also called: Protected Tenant, Controlled Tenant

A tenant whose lease has ended but who stays on and is protected from eviction by rent control law, which allows removal only on specific grounds. Such tenants often pay old, low rent, and the tenancy may pass to heirs in some states.

Example & agent tip

Example: A tenant in an old Kolkata building pays a small rent decades after the lease ended and is protected by the state's rent law.

Agent tip: Before buying a tenanted property, find out whether the tenant is protected. Vacant possession may be impossible.

Subletting

Legal

Also called: Sub-tenancy, Sublease

A tenant letting out part or all of rented premises to another person, which may be barred by the lease or by rent control law. Unauthorised subletting is often a ground for eviction.

Example & agent tip

Example: A tenant in Jaipur rents his rented flat to students without telling the owner. The landlord uses this as a ground for eviction.

Agent tip: Landlords should write a clear subletting clause and check who actually lives in the premises. Tenants should get consent in writing.

Sub-Registrar

Legal

The government official in charge of registering documents in a sub-district. The property must be registered in the office whose area covers it.

Example & agent tip

Example: A flat in Mohali is registered in the Sub-Registrar's office of that tehsil.

Agent tip: Confirm the correct jurisdiction before you fix an appointment.

Related: Registration (Property) Tehsil

T

4 terms

Tenancy at Will

Legal

Also called: Month-to-Month Tenancy

A tenancy with no fixed term that either side can end, usually by notice. It often arises where a tenant stays after a lease ends or with the owner's consent but without any agreed period.

Example & agent tip

Example: A tenant in Ludhiana continues in a shop after his lease expired, paying rent monthly. The landlord can end the arrangement by giving notice.

Agent tip: Do not leave a tenancy undefined. Put the term and notice period in writing, and renew the lease on time.

Tenant

Legal

A person who occupies property under a lease or rental agreement and pays rent. Rights depend on the agreement and the state's rent law.

Example & agent tip

Example: A tenant pays rent monthly and must vacate when the agreed period ends.

Agent tip: Tenant rights vary by state. Check the rent law.

Title

Legal

Legal ownership of a property and the right to deal with it. A clear title is free of defects and disputes, and a marketable title is one that a reasonable buyer would accept without fear of a claim.

Example & agent tip

Example: A seller shows a registered sale deed, but a cousin claims a share in the ancestral land. The title is not clear until the claim is resolved.

Agent tip: Insist on a title search before booking. Title is the root of every property deal.

Transfer of Property Act, 1882

Legal

The central law on how immovable property is transferred in India through sale, mortgage, lease, exchange and gift.

Example & agent tip

Example: Section 54 defines a sale and requires a registered deed for property worth ₹100 or more.

Agent tip: Know the key sections: 52 (lis pendens), 53A (part performance), 54 (sale), 58 (mortgage), 105 (lease), 122 (gift).

Related: Sale Deed Mortgage Lease Deed

U

1 terms

Urban Land Ceiling

Legal

A law, the Urban Land (Ceiling and Regulation) Act, 1976, that limited the urban land one person could hold. A central repeal in 1999 has been adopted by many states, though pending cases continue.

Example & agent tip

Example: A seller's old land has a ceiling proceeding pending from the 1980s that is still not closed.

Agent tip: Ask for confirmation that no ceiling proceedings are pending on old plots.

Related: Title Litigation Check

W

2 terms

Waqf Property

Legal

Also called: Wakf, Auqaf

Property permanently dedicated by a Muslim for a religious or charitable purpose under Islamic law. Such property is managed by a mutawalli and overseen by a state Waqf Board. It generally cannot be sold, and the Waqf Act has been amended in recent years.

Legal basis: Waqf Act, 1995, as amended in 2025 and now titled the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. Check the current text.

Example & agent tip

Example: A buyer in Lucknow finds that a shop is registered as waqf property in the board's records, and the seller cannot lawfully sell it.

Agent tip: In older city areas, check whether the land is in the state Waqf Board's register. A sale of waqf property without lawful sanction is open to challenge.

Writ Petition

Legal

Also called: Writ, Article 226 Petition

A petition to the High Court or the Supreme Court asking it to enforce a fundamental right or to correct an unlawful act of a public authority. In property matters, it is used against actions such as demolition, acquisition or refusal of a sanction.

Example & agent tip

Example: A homeowner in Delhi files a writ petition after the authority issues a demolition notice without hearing him.

Agent tip: Writs are for actions of public bodies, not ordinary private disputes. Ask the lawyer whether a civil suit is the better route.