Last reviewed: October 2026 · General information only, not legal advice.
Common Disputes and Remedies
| Problem | Remedy | Time limit (general) |
| Someone has occupied your property | Suit for possession; police complaint for criminal trespass BNS 329 | 12 years from when possession became adverse |
| Threat of dispossession or construction | Suit for injunction, with urgent interim injunction | As soon as the threat arises |
| Dispute over ownership | Suit for declaration of title SRA 34 | 3 years from when the right is denied |
| Family property not divided | Partition suit | Depends on facts |
| Seller refuses to complete the sale | Suit for specific performance SRA 10 | 3 years from the date fixed or refusal |
| Tenant not vacating | Eviction under the applicable Rent Act or Tenancy Act | — |
Daughters' Rights in Family Property
Since the 2005 amendment to the Hindu Succession Act, a daughter is a coparcener by birth with the same rights and liabilities as a son in ancestral (joint family) property. The Supreme Court confirmed in Vineeta Sharma (2020) that this applies even if the father died before 2005. Daughters also inherit equally in a parent's self-acquired property when there is no will.
Before You Buy: Essential Checks
- Title documents and the chain of ownership for at least the last 30 years
- Encumbrance certificate / search at the sub-registrar's office for mortgages and charges
- Mutation and property tax records in the seller's name
- Approved building plan, completion / occupancy certificate
- For builder projects, RERA registration. Read our RERA guide →
- Pending litigation search and public notice in newspapers for high-value deals
A sale of immovable property must be by a registered sale deed. The Supreme Court held in Suraj Lamp & Industries (2011) that General Power of Attorney (GPA), agreement to sell and will transactions do not transfer ownership.
Frequently Asked Questions
Does a daughter have a right in her father's property?
Yes. In ancestral or joint Hindu family property, a daughter is a coparcener by birth with equal rights to a son under the Hindu Succession Act as amended in 2005. In self-acquired property, she inherits equally with other Class I heirs if the father dies without a will.
What can I do if someone illegally occupies my property?
You can file a civil suit for possession and seek an injunction, and lodge a police complaint for criminal trespass. Act quickly, because long, open and continuous possession by another person can eventually raise a claim of adverse possession.
Is a property purchased on GPA valid?
A General Power of Attorney sale does not transfer ownership of immovable property. Ownership passes only through a registered sale deed, as held by the Supreme Court in Suraj Lamp and Industries v. State of Haryana (2011).