Property, Documentation & Inheritance
Property laws in India are complex, but understanding them is the best way to avoid long-term legal battles. I break down essential processes like Sale Deeds, Wills, and Power of Attorney into plain, actionable steps.
Even if the buyer hasn't paid the full sale consideration, a seller cannot unilaterally cancel a registered sale deed. Citing a key Supreme Court judgment, I explain that the seller's only remedy is to file a civil suit for recovery of the remaining amount.
Can a mother sell property belonging to her minor child? I explain the legal process, which requires obtaining "permission to sell" from the court. I also clarify that such a sale is a voidable contract, which the minor can challenge after turning 18.
While a Will transfers ownership, it comes with practical difficulties. I explain why banks often refuse to grant loans against a property acquired through a Will and why getting a Relinquishment Deed from other legal heirs is a more secure alternative for future transactions.
Unlike a Will, a registered Relinquishment Deed (Haq Tyag) cannot be easily cancelled at the sub-registrar's office. I explain that it can only be revoked through a court of law within a three-year limitation period and only on specific grounds like fraud or coercion.
Under Muslim personal law, you can only bequeath one-third of your immovable property through a Will (Wasiyyat). I explain this rule, the conditions under which you can give more, and how the law changes if your marriage is registered under the Special Marriage Act.
If you live in Delhi but need to sell a property located in another state, you can execute a Special Power of Attorney (SPA). I detail the process, the stamp duty involved, and the important clause that ensures the sale consideration is credited directly to your account.
For NRIs wanting to sell or rent property in India, I explain how to execute a Special Power of Attorney from a foreign country. The process involves notarization, verification by the Indian embassy, and subsequent registration in India within 90 days.
About this collection
Most people believe a Will is the final word, but banks often refuse loans on property inherited through a Will because it remains open to challenge. If you are planning to sell or take a loan against such property, getting a Relinquishment Deed (Haq Tyag) from all legal heirs is a safer, more permanent solution.
Managing Property Risks
Property disputes often arise from incomplete documentation or a misunderstanding of how specific deeds work. My goal is to help you navigate these issues before they become court cases.
Critical Areas I Handle:
- Sale Deeds & Cancellations: Did you know a seller cannot unilaterally cancel a registered sale deed just because payment is pending? Supreme Court rulings clarify that your remedy is a civil recovery suit, not cancellation. I help you understand your rights if a deal goes wrong.
- Power of Attorney (PoA): Whether you are an NRI or residing in Delhi, handling property situated elsewhere requires the right type of PoA. I guide you on whether you need a Special Power of Attorney for specific transactions and how to execute it legally.
- Minor's Property Rights: Selling property where a minor is a co-owner is a high-risk area. I explain why 'Permission to Sell' from the court is non-negotiable and why such contracts remain 'voidable' until the child reaches adulthood.
- Inheritance & Nominees: There is a major difference between a nominee and an owner. A nominee is merely a trustee. I help legal heirs understand how to secure their rightful inheritance when a nominee refuses to hand over assets.
Why Documentation Matters
Transparency is the antidote to corruption. Whether it is registering a Family Settlement Deed or dealing with property disputes, having sound documentation protects your future. I focus on making the law accessible, helping you avoid common scams, and ensuring your papers are airtight.
Karan Bajaj
I'm Karan Bajaj, a lawyer at the Delhi High Court. I believe that when you understand the law, you hold the power. My work is to help you handle your property and documentation matters with clarity, avoiding the common pitfalls that lead to litigation.
Find specific legal guidance
Search my guides for answers to your specific legal problems.
More from Legal Education & Awareness Programs by Karan Bajaj