Understanding the Aspects of Property Law in India

Since Independence, there have been a range of reforms in our constitution in relation to the Property Laws. All the pillars of our society, viz. executive, legislature, judiciary as well as the media and society, performs their roles in order to ensure that the process of justice-delivery, in case of property law disputes remain smooth, speedy and effective. There are a range of aspects that pertain to property law and taxes in India.

Property Ownership

Ownership of a particular property can be of diverse kinds, under the Indian Property Law. For example, single ownership means that the real estate property has one owner, who is eligible to sign the deed for selling, renting or leasing his/her property. Joint ownership allows two people (on whose name the property is registered) to do the aforementioned deeds. Co-ownership and nomination are other two kinds of ownerships applicable to this segment.

The question of inherited property

The laws of inheritance may differ in different religions in India. This is so because property can be inherited in various ways in different kinds of religions. The primary source of inheritance of property roots from Hindu Succession Act of 1956. Also, the root of these laws is Indian Succession Act of 1925.

This is usually passed on to the successor by the way of will. The property owner can do so through the will, which is written before death. For the property to be inherited by the successor, after the death of owner, it is mandatory to present the attested will. In the absence of attestation, the will becomes null and void, giving way to the property law disputes and the issues of transfer of property.

In the absence of will, the property ownership is divided on the basis of succession laws. In India, these laws differ in three diverse religions, viz. Hinduism, Islam and Christianity. Hindus are segregated into two tiers, I and II, according to the ancient traditions. Muslims have their inheritance laws on the basis of Sharia-prescription, which form the Islamic Code of Conduct. Christian laws of Inheritance are dependent on the Indian Succession Act, 1925.

Women’s Rights to Property

Over the years, several reforms have taken place and recommendations have been given by Committees as well as Commissions in context with the women status in India. The Union Government of India, in 1975 formed a committee in order to evaluate the legal provisions, so as to ensure that women were not left impoverished completely. These laws also related to the transfer of property and personal property.  With a very significant amendment in Section 6 of the Hindu Succession Act in 2005 the distinction of ancestral property and self-acquired property has been abolished and now the daughters does have equal share in the ancestral property as well.

Overall, the spectrum of property laws in India is wide enough. All kinds of disputes, their solutions and punishments in case of offence, can be found in the different layers of this spectrum.