Heading for a property transfer? Lex Solutions is the right place

Property Transfer
Real Estate » Heading for a property transfer? Lex Solutions is the right place

Table of Contents

Thankfully, Lex Solutions, one of the best law firms in Chandigarh with its team of legal experts, is there to help you with a hassle-free property transfer. Property disputes form the bulk of the civil suits in India and often take years to settle. People often land into such disputes because of poor legal advice or ignorance of the legal procedures. However, Lex solutions will help you with all the legal documentation, give you the best legal counsel and provide you with the right legal assistance.

What is Property Transfer?

“Transfer of property” is defined as a deed by which a living person transfers Immovable or Movable assets, to one or more living persons, in the present or future. A living person can include a company, association, or body of individuals, whether incorporated or not. 

Transfer of property involves the transfer of any interest in the property and the transfer of Legal title of such property or assignment of receivables, actionable claims, or assets under litigation.

What are the laws involved in Property Transfer?

Many laws, rules, and regulations are involved in property transfer. Below is the list of the most essential laws in Property Transfer:

Transfer of Property Act 1882

It is a pre-independence law that forms the basis for the transfer of immovable assets from one living person to another. Over the years, this Act has gone through many amendments to make it coherent with the changing circumstances. This Act provides for the procedure of Transfer of Property, definitions of various terms involved in the Transfer of Property (like Registered, Immovable property, Attested, Actionable claims, Mortgage debt, etc.), lease of property, etc.

Indian Succession Act, 1925

The Indian Succession Act is another critical piece of legislation. It lays down the legal procedures for making, drafting, executing, and administering a Will. This Act applies to all persons of any faith (except Muslims).

Hindu Succession Act, 1956

Hindu Succession Act codifies the laws relating to unwilled or intestate succession among Hindus, Buddhists, Jains, and Sikhs. It gives a uniform and comprehensive system of inheritance and succession.

Types of Property Transfer deeds

Property ownership or title can be transferred in India through different methods. As per the situation, a person can transfer property through a simple sale deed, gift deed, or relinquishment deed. Below are the top five ways to transfer property ownership in India:

Sale deed

Any property transfer which involves the sale or purchase of the assets is to be established through a sale deed. A sale deed is crucial for both the transferor and the transferee of the property. It acts as a legal record governed by the Registration Act. 

The Sale deed includes all important points like:

  • Information about the buyer and seller like name and address, 
  • Information of the property under question, like location and address of the property.
  • The total area of the property.
  • Details of construction, if it is a house.
  • The Sale deed also mentions whether the property under sale is free from legal disputes or not.
  • The Sale deed also mentions the amount to be paid for the purchase of the property. Any advance amount paid for the property, time given for payments, and details of the bank accounts.

The stamp duty is also levied on the sale deed, which varies between one to eight percent across different states in India.

Transfer through Power of Attorney (POA)

“Power of Attorney” is a legal arrangement between two parties for the transfer of rights. It was mostly used to avoid stamp duties and registration duties. Here, the owner transfers the property rights to the transferee and all the benefits arising from it. This instrument is widely used when the property under question is under legal dispute.

Also Read: What is Power of Attorney and its types?

Relinquishment deed

This deed is carried out when the owner wants to wilfully transfer the property to the co-owner and abandons his/her share in the property. Once signed by both parties and registered, the relinquishment deed is irreversible, even if no monetary exchange is involved.

Tax and stamp duty is levied as per the amount or percentage of the property relinquished by the co-owner and not on its total value. For example, if an owner holding a 10 percent share in the property relinquishes the property, then the stamp duty will be levied on only 10 percent of the property value.

Gift deed

A gift deed is executed when a person wants to transfer the property without any exchange of money, like gifting the property to someone. The transferor should draft the transfer of possession title on stamp paper and get it attested by two witnesses before its registration. The gift deed has to be registered with the sub-registrar, and once the deed is registered, the transfer is irreversible.

Also Read: Thinking of Gifting a Property? Know the Legal Route


One of the most common modes of property transfer is through a will. However, a will can only be executed after the death of the person who has registered the Will. The recipient of the property, through a Will, is not subject to pay taxes like capital gains or any other. A Will can be changed any number of times during the lifetime of the person making the Will. However, only the person’s last registered Will will be considered the legal Will.After the death of an individual, the inheritor needs to apply to the concerned civil authorities like municipalities with a copy of the Will, succession certificate, and death certificate and get the property Mutated in their name for completing the property transfer process.If you want to hire a property lawyer in Chandigarh to make your property sale and purchase quick, hassle-free, and simple, use the services of Lex solution.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.