Land/ Property Law

  • Lawyers for Land and Property Cases in Chandigarh

    In words of James Wilson, U.S. Supreme Court Justice, Property is the right or lawful power which a person has to a thing. The origin of property, like many other origins of the institutions of mankind, lies deeply buried in archaeological history, to be rendered into an authentic and indisputable conclusion by reasoning. In sociology and anthropology, a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object is called property. When does man stop becoming a social being? Even the saintliest of the saints and the most enlightened gurus who have forsaken and relinquished all belongings, attachments, and properties, have depended on them for the sake of worldly existence, now be it meager.  The property, in such way, is a non-detachable entity from the aspect of human existence. For such essential existential nature of the property, when a man’s rights towards his property stands jeopardized, he seeks nothing but the best lawyers for land and property cases. The best lawyers for land and property are the ones who dig out the history of facts and laws to establish the truthful title or possession or other dynamics of a property. Property Law identifies rights and duties of an owner towards a property. The property can be classified into:

    Lawyers for land and property cases in Chandigarh practice in two segments:

    1. Corporeal or tangible property (land)
    2. Incorporeal or intangible (an easement of way)

    The major area of litigation in property law is succession. In intestate succession, the property among legal heirs will be distributed according to personal laws and civil courts have jurisdiction to conduct the trial. Indian Succession Act will be applicable on testamentary succession. The cases involving modes of transfer can be adjudicated as per the provisions of Transfer of Property Act by the civil courts. Matter related to tenancy is adjudicated as per Rent Control Act by Rent controller. WAKF is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists and matters will be adjudicated by WAKF Tribunal. The acquisition of land proceeds under Land acquisition rehabilitation & resettlement Act and dispute will be addressed by Deputy Collector. The contracts and agreements are governed by Indian Contract Act and civil courts are authorized to hear the matters pertaining to contracts.

    The institution of the suit start by filing the plaint in the civil court. The plaint shall be drafted by an expert lawyer for land and property cases and must contain a factual summary of the case which is filed by the plaintiff. Cause of action and jurisdiction of the competent court has to be well established. Plaint is replied through written statement submitted by defendant, rejoinder if any by the plaintiff, evidence lead by both the sides, arguments & eventually, judgment and decree of the civil court. Execution can be filed to implement the order of the trial court. An appeal can be preferred before the District Judge. A regular second appeal is filed before the Hon’ble High Court and Special Leave Petition is filed in the Hon’ble Supreme Court. The limitation for filing a suit should always be kept in the mind. The condonation of delay is not applicable for filing a suit. The outcome of property dispute is a direct result of the efforts put in the trial court, which is to say a lot depends in the hands of a good lawyer for land and property cases.

    Types of land/ property matters handled by the best lawyers for land and property cases in Chandigarh:

    • Residential
    • Commercial
    • Agriculture
    • Common Land
    • Easement Rights
    • Intellectual Property

    The laws applicable and generally called in practice by the best lawyers for land and property cases in Chandigarh:

    • Code of Civil Procedure
    • Hindu Succession Act
    • Indian Succession Act
    • Muslim Law
    • Transfer of Property Act
    • Rent Control Act
    • The WAKF Act
    • Land acquisition rehabilitation & resettlement act
    • Indian Contract Act
    • The Limitation Act

    Land/Property Law

    B&B Associates LLP

    Advocates & Legal Consultants

    Head Office SCO 45-46, Sector 11, Panchkula, 134109

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  • Inheritance in Muslim Law

    Inheritance in Muslim Law or Succession constitutes four sources of Islamic law – The Holy Koran The Sunna: that is, the practice of the Prophet. The Ijma: that is, the consensus of the learned men of the community on what should be the decision on a particular point. The Qiya : that is, an analogical […]

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    Dispute Against Builders

    In Today’s developing world, builder plays a very important role in the development of any country. India is becoming modernized at very high pace thus the demand of commercial and housing building is also increasing which is fulfilled by the builders. It has been observed that builders often indulge fail to deliver to the expectations […]

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  • The Transfer Of Property Act 1882

    An Act to amend the law relating to the Transfer of Property by act of Parties Preamble – WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; it is hereby enacted as follows: – Chapter I Preliminary 1. Short title – […]

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    Wakf Act 1995

    CHAPTER I PRELIMINARY 1.Short title, extent and commencement. — (1) This Act may be called the Wakf Act 1995 (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such [1][date] as the Central Goverrnment may, by notification in the Officaial Gazette, […]

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    Urban Land (Ceiling and Regulation) Act 1976

    CHAPTER I PRELIMINARY 1.Short title, application and commencement. —(1) This Act may be called the Urban Land (Ceiling and Regulation) Act 1976. (2) It applies in the first instance to the whole of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and to all […]

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    Urban Land (Ceiling And Regulation Repeal) Act 1999

    1.Short title and application commencement:— (1) This Act may be called the Urban land (Ceiling and Regulation) Repeal Act 1999 (2) It applies in the first instance to the whole of the State of Haryana and Punjab and to all the Union Territories; and it shall apply to such other State which adopts this Act […]

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    Transfer Of Property Act 1882

    CHAPTER I PRELIMINARY Short title. —This Act may be called the Transfer of Property Act 1882. Commencement. — It shall come into force on the first day of July, 1882. Extent. — It extends in the first instance to the whole of India except [1][the territories which, immediately before the 1st November, 1956, were comprised in Part […]

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    Public Premises Eviction Of Act 1971

    1.Short title, extent and commencement. —(1) This Act may be called the Public Premises (Eviction of Unauthorised Occupants) Act No. 1971. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 16th day of September, 1958 except Sections 11, 19 and 20 which shall come […]

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